تقييم الرقابة الدستورية على المعاهدات الدولية في ظل الدستور الكويتي : دراسة مقارنة

الملخص EN

This study aims to identify the available methods for constitutional review of international treaties in democratic constitutional systems.

Then, it explores that review in the Kuwaiti constitution in order to suggest what is most appropriate under this constitution, by following an analytical approach for both types of constitutional review in light of general extrapolation of the various constitutional systems followed by a special induction of those systems in France, Egypt and Kuwait.

The most important results are: the importance of adopting the Kuwait constitution to prior constitutional review of international treaties and granting the right of referral to the The Prince, the Prime Minister, the Speaker of the National Assembly and a reasonable number of members of that assembly.

The importance of narrowing the scope of subsequent constitutional review on international treaties in Kuwait, as well as by excluding those treaties from the ruling on the original new constitutional case granted to natural and legal persons.

The importance of qualitatively narrowing the scope of subsequent constitutional review of international treaties in Kuwait by limiting their effects to directing the executive authority in order to seek amendment of the treaty- or withdrawal from it- if possible, or to make the necessary national amendment to comply with the constitution.