حق الأفراد في الاجتماع بين الإباحة و الحظر الشرعي : دراسة تحليلية لحكم المحكمة الدستورية في الطعن رقم (1)‎ لسنة (2005)‎

Abstract EN

Human rights and freedoms are various at the present time.

One of the most important right of these rights is the right of assembly.

There is no doubt that this right might be exercised contrary, in some cases, with other societal interests such as interests or security concerns.

Therefore, the need to address this right by the legislature comes out and the legal address requires balance between these opposing interests.

As a result, the legislator should care in organization among these rights and respect constitutional limits which draw the line between permissible and impermissible enactment.

In the State of Kuwait, the Decree Law No.

(65) for the year (1979) concerning public meetings and gatherings is considered a prominent pattern of impermissible enactment which prompting the intervention of the Kuwaiti Constitutional Court - as sergeants on legislative abuses of constitutional limits - and eliminating the unconstitutionality of what came in that decree (Part I of the Ordinance organizing public meetings).

The aim of this study is to access to a range of the Constitutional Court decision and determine the future of what is left of the Court eradication (the provisions of legal texts mentioned in the mentioned decree law.