The lack of epidemic legislation in the Kuwaiti legal system and the implications of the suspension of the national assembly sessions

Abstract EN

The dangers of COVID-19 have caused many countries to introduce regulations of different severity in hopes of curbing the spread of the disease.

One of such countries is Kuwait which has introduced arguably severe restrictions, including those that may appear to contradict the Constitution, in May.

The present article considers the ways in which Kuwaiti actions are similar to or different from those of other countries and provides an analysis of epidemic legislation and regulations.

The methodology consists of a comparative multiple case study with primary sources, academic literature and news articles being the main sources of information.

The findings suggest that the decision to promote rapidly enacted regulations or legislation despite their potential conflicts with constitutions was not made by Kuwait alone.

Given the dangers of COVID-19, such violations were considered justified, and they were legitimized by corresponding acts, empowering respective bodies to introduce harsh measures to prevent the spread of the disease.

Despite the fact that Kuwaiti epidemic legislation is approved by the World Health Organization, some issues were encountered, including the lack of epidemics considerations in the Constitution and the problems with delaying National Assembly sessions.

The implications include the recommendation for the introduction of specific, epidemic-focused comments in the Constitution, as well as a provision for National Assembly sessions.