Monitoring the Electoral Process by the Judicial Branch

Authors: Fawaz Almutairi

Abstract:

Verily, the Constitutional Court in Kuwait has diversely dealt with the electoral system; sometimes, it deals with it as a Constitutional Court before which the electoral system is appealed, whether appealing to the division of constituencies or voting mechanism. In some instances, the same court hears electoral appeals in terms of election invalidity, whether because of invalid legal procedures that violated the electoral process or in terms of inspection of practices during the electoral process. Moreover, electoral appeals may be heard in terms of arithmetic errors and erroneous announcement of results. Thus, there were cases wherein the Constitutional Court examined the former Royal Decrees of the electoral process, which had an impact on the election.

Keywords: election law, constitutional court, parliament, voting system