The Judiciary in Kuwait is an independent body. The administration
of justice is free and fair from the influence of any authority.
The right of litigation is guaranteed to all citizens as per
the procedures and manners prescribed by law.
The Constitution
also stipulates the establishment of a Constitutional Court.
This court decides disputes relating to the constitutionality
of laws, law decrees and regulations, and election of MPs,
or the validity of their membership. It also has the authority
to interpret a constitutional article following a request
by the National Assembly or the government. If the Constitutional
Court decides that a law, a law decree or a regulation is
unconstitutional it shall be considered null and void.
The Judiciary in Kuwait is organised under three distinct categories:
THE COURT OF FIRST INSTANCE
This is the nucleus of Kuwait's legal system. It decides conflicts
of personal, civil, commercial, and labour affairs as well as
administrative cases. It also gives judgements on criminal cases,
and significant civil and commercial cases.
THE COURT OF APPEAL
This department looks into appeals and rulings sent down from
the Court of First Instance (except those appealed before the
Court of First Instance in the way of urgent, penalised and non-penalised
cases).
SUPREME COURT
This apex body looks into court appeals concerning commercial,
labour and civil cases as well as cases related to personal affairs
and crimes. It is also instrumental in establishing legal rules,
and interpreting and applying the laws of the country. Its sentences
are handed down by a five-member advisory committee.
The Amir acts as the final court of appeal in Kuwait.