KUWAIT: Former chairman of the Supreme Judiciary Council Chancellor Faisal Al-Mershed, rejected politicians’ participation in the formation of the constitutional court as part of a government project that calls for separating the constitutional court from the council.
Mershed said his rejection was due to article 173 of the constitution that clearly states the ‘establishment of a special judicial body to review constitutional disputes,’ and explained that the constitution did not use the term ‘mixed body’ or a ‘political judicial body.’
“This means it must be purely judicial, because politicians are often affected by certain ideas that might affect their non-biased judgment,” he underlined, pointing out that the essence of judicial work is consultation amongst judges that might go on for months, and stressed that revealing judicial secrets costs the judiciary its neutrality and causes lots of confusion. “Politicians are not as discreet as judges in keeping the secrets of judicial consultations,” Mershed reiterated.
Notably, the government’s bill suggests separating the constitutional court from the Supreme Judiciary Council to be become independent and include two politicians – one selected by the government and the other by the parliament. – Al-Qabas