ABSTRACT

In its early days, from the mid-18th century until the end of the 19th century, Kuwait, this Sheikhdom on the northern shores of the Arabian Gulf, functioned as a Shura-based tribal sheikhdom where the political power has traditionally revolved around a bipolar system between ruling sheikhs and wealthy merchants. After Sheikh Mubarak seized power from his brothers in 1896, the Sheikhdom shifted towards an autocratic system, even after Mubarak's death until 1921. Following Mubarak's son Salim's death in 1921, merchants pushed for participatory control and founded the 1921 Shura Council, Kuwait's first Shura Council and in 1938, they sought to transform the political system by pushing for the creation of a legislative assembly. From 1921 through 1938, three constitutions were drafted, while the fourth constitution was approved in 1962, following the independence from British rule. There has been a long history of conflict between the legislative and executive powers since independence; rulers have attempted to dissolve all elected assemblies, manipulated election results, and interfered in internal politics. This has resulted in constant political instability and regular tensions between the elected legislative assemblies and the successive governments supported by the rulers until the present day. Despite the prevailing political instability in Kuwait, there has been a notable absence of endeavours by the ruling authority and the elected assemblies to initiate constitutional changes to enhance political liberties and equality for Kuwaiti citizens. This is the case despite the potential for such reforms to be realized, as outlined in Articles 174–175