نظرية أعمال السيادة و مدى مخالفتها لحق التقاضي في النظام القانوني الكويتي

الملخص EN

This study tackles the theory of sovereignty acts through analytical study for the theory’s concept and Criteria for distinguishing it, the study also tackles the position of the normal or constitutional legislative in Kuwait.

Through this study, we will review the position of Kuwaiti jurisprudence on theory of sovereignty, we will also shed the light to the most important international conventions on human rights, which enshrines the principle of the right to Litigation and the right of individuals to a fair trial.

The study concluded with a number of results, principally: The Kuwaiti Constitution guaranteed the right to litigation explicitly in Article No.

166 and thus we find that the fortification of acts of sovereignty from the control of the judiciary runs counter to the right of litigation guaranteed by the Constitution.

A number of recommendations were produced, including: reducing the scope of the theory of acts of sovereignty and establishing the right to compensation for such acts.