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.
