Der selige Emir Scheich Abdullah Al-Salim Al-Sabah verkündetet am 11. November 1962 die neue Verfassung. Sie enthält 183 Artikel in fünf Teilen:

Nach Artikel 1 ist Kuwait ein unabhängiger, souveräner arabischer Staat. Weder seine Souveränität noch irgendein Teil seines Territoriums dürfen abgetreten werden. Das Volk von Kuwait ist ein Teil der arabischen Nation. Die offizielle Landessprache ist die arabische Sprache (Art. 3).

Kuwait ist ein erbliches Emirat, dessen Erbfolge die Nachkommen des seligen Mubarak Al-Sabah antreten  (Art. 4). Das Regierungssystem in Kuwait ist demokratisch. Die Herrschaft liegt beim Volke und wird gemäß der in der Verfassung festgelegte Weise ausgeübt (Art. 6).

Das Regierungssystem beruht auf dem Prinzip der Gewaltenteilung (Art. 50 ff.):

Der Emir oder ein Drittel der Mitglieder der Nationalversammlung haben das Recht, eine Revision der Verfassung durch Änderung oder Streichung einer oder mehrerer ihrer Bestimmungen oder durch Hinzufügung neuer Bestimmungen zu beantragen (Art. 174).  In bezug auf die Bestimmungen über das System der Emir-Herrschaft in Kuwait und die in der Verfassung garantierten Prinzipien der Freiheit und Gleichheit darf keine Revision beantragt werden, es sei denn im Zusammenhang mit der Bezeichnung des Emirats oder der Garantierung eines höheren Maßes an Freiheit und Gleichheit (Art. 175).

Von den markantesten Artikeln der kuwaitischen Verfassung, welche die Grundsätze der Freiheit und der Gleichberechtigung bekräftigen, nennen wir folgende:

1. The Right to Life

       In its preamble, the constitution stresses upon human dignity as all are equal in this regard. All are also equal before law as regards rights and public duties without distinction as to sex, origin, language or religion (Article 29). In this Article, the phrase “color or wealth” was excluded in spite of its being mentioned in the Universal Declaration of Human Rights. This was due to the fact that there is no racial discrimination in Kuwait. In addition, the wording of the article does not mention discrimination because of wealth in Kuwaiti society, so there was no need to forbid it under a particular rule.

       According to Article 30, the right of personal liberty is ensured. Yet, liberty should be practiced within the limits of law. Guaranteeing liberty is related to the human being and his right to live freely, at least within the framework of his personal liberty, whether he is native or foreigner.

       The right to a nationality or the right to belong to a certain land is closely related to the right to life. The Kuwaiti has the right to belong to his country and is ensured that he will not be denationalized. Kuwaiti nationality is defined by law and may not be withdrawn except within the limits prescribed under Article 27. Kuwaiti nationality is inherited from one’s ancestors, especially the father. Thus, it does not depend on existing in the country on the date of birth. This is known as JUS SANGUINIS. In contrast to this, some nationality laws are similar to the English and Bahraini laws. This means that if the baby is born in the country, he has the right to take its nationality in what is known as JUS SOLI. However, Kuwait applies the JUS SOLI system if a baby is born in Kuwait but its parents are unknown.

2. The Right to Security and Movement

       The constitution assures the human’s right to move within the borders of his country and to travel to or from it whenever he wants. According to Article 31: “No person shall be arrested, detained, searched or compelled to reside in a specified place, nor shall the residence of any person or his liberty to choose his place of residence or his liberty of movement be restricted, except in accordance with the provisions of law. No person shall be subjected to torture or to degrading treatment”. Here, we should note that reference in this article is to man in general, whether native or foreigner and who is presumed innocent. If someone is proven guilty in a legal trial, he will be punished in a way that causes him no physical or moral injury, as stated in Articles 32, 33, and 34 of the Constitution.

       In spite of being mentioned in the Universal Declaration of Human Rights, brutal penalties were not mentioned in the Constitution, as they are not and will not be imposed in Kuwait.

       Affirming respect of the human right to liberty and movement, Article 28 states, “No Kuwaiti may be deported from Kuwait or prevented from returning thereto.” Besides, Article 46 states, Extradition of political refugees is prohibited.”

        Articles of the Constitution stress the human right to be secure when exercising his right to life. Thus, it includes articles about the limits of felony policy that would ensure the right to security through the following:

1. The legitimacy of the incrimination and penalty principle: “No crime and no penalty may be established except by virtue of law, and no penalty may be imposed except for offences committed after the relevant law has come into force.” (Article 32)
2. Law is not retroactive: "Laws shall apply to that which takes place after the date of their coming into force, and thus shall have no effect in respect of that which has taken place before such date. However, in other than penal matters, a law may, with the approval of a majority vote of the members constituting the National Assembly, prescribe otherwise." (Article 179)
3. The principle that " Penalty is personal" means that only the criminal will be punished for his crime. (Article 33) Nobody else will be punished on behalf of him or because of him so as to apply Allah's order. Allah says what means (No one laden with burdens can bear another’s burden).
4. The principle that "An accused person is presumed innocent until proven guilty in a legal trial at which the necessary guarantees for the exercise of the right of defense are secured. Physical or moral injury on an accused person is prohibited." (Article 34)
5. The principle of a fair trial and the right to defense "The honor of the Judiciary and the integrity and impartiality of judges are the basis of rule and a guarantee of rights and liberties" (Article 162). The justice of the judges is the basis for issuing verdicts of innocence or restricting liberties. "In administering justice, judges shall not be subject to any authority. No interference whatsoever shall be allowed with the conduct of justice. Law shall guarantee the independence of the Judiciary and shall state the guarantees and provisions relating to judges and the conditions of their irremovability" (Article 163).

             The Constitution stresses the human right to be free in choosing one’s residence. No restrictions are imposed on such freedom except in accordance with the circumstances specified by the law. "Places of residence shall be inviolable. They may not be entered without the permission of their occupants except in the circumstances and manner specified by law." (Article 38). The inviolability of residence arises from the inviolability of the person's rights. It ensures his right to security and respect. Thus, the inviolability of residence is not based upon the idea of property. No person may enter another’s residence without his permission except in the circumstances and manner specified by law. Within the framework of personal liberty, the constitution guarantees the "Freedom of communication by post, telegraph and telephone and the secrecy thereof shall be guaranteed; accordingly censorship of communications and disclosure of their contents shall not be permitted except in the circumstances and manner specified by law." (Article 39).

3. The Right to Equality

       The constitution confirms the right to equality within the framework of the fundamental constituents of Kuwaiti society. According to Article 7, "Justice, liberty and equality are the pillars of society; cooperation and mutual help are the firmest bonds among citizens." Article 175 indicates that there is a special attention paid to the principle of equality as it stipulates "The provisions relating to the Amiri System in Kuwait and the principles of liberty and equality, provided for in this Constitution may not have revision proposed except in relation to the title of the Emirate or to increase the guarantees of liberty and equality." In addition, Article 29 states, "All people are equal in public rights and duties before the law, without distinction as to sex, origin, language or religion". Article 49 states, “Observance of public order and respect for public morals are a duty incumbent upon all inhabitants of Kuwait.” This means that Articles 29 and 49 are applied to all people whether native or foreigners.

       As regards being equal in public costs and impositions, Article 134 states, “No general tax may be established, amended or abolished except by a law. No one may be exempted, wholly or partially, from the payment of such taxes except in the cases specified by law. No one may be required to pay any other tax, fee or imposition except within the limits of law.”

       The Constitution emphasizes the principle that all people are equal in public impositions since they are equal in human dignity and in public duties before the law. This is due to the fact that "National defense is a sacred duty, and military service is an honor for citizens which shall be regulated by law" (Article 47). According to Articles 151 and 157, "the safeguard of the integrity of the country, which is part of the integrity of the Greater Arab World, is a trust devolving upon every citizen'. Defending the country shall be against any material or immaterial aggression and shall be carried out by any means to guarantee the protection of the country in peace and in war conditions.

4. The Right to Liberty and Expressing Opinions

Kuwaiti Journals and Magazines

The Constitution stresses the fact that every person, whether native or foreigner, has the right to express his opinions. Article 36 states, "Freedom of opinion and of scientific research shall be guaranteed.

       Every person shall have the right to express and propagate his opinion verbally, in writing or otherwise, in accordance with the conditions and procedures specified by law." Besides, Article 37 states, “Freedom of the press, printing and publishing shall be guaranteed in accordance with the conditions and manner specified by law.” Thus, the freedom is not restricted to opinions only, but implies their propagation as well.

       Freedom of belief is absolute, so long as it lies within the person. If a person does not believe in a certain religion, he should keep this for himself. If his belief includes certain rituals they should be practiced in accordance with the established customs provided that they go along with public policy and morals. Hence, Article 35 states, "Freedom of belief is absolute. The State protects the freedom of practicing religion in accordance with established customs, provided that it does not conflict with public policy or morals."

       In addition, the Constitution preserves the individuals' right to freedom of private assembly without permission or prior notification to the police or government in general. The police forces are not allowed to intrude into such assemblies. Yet, individuals have the right to resort to the police according to the agreed procedures to guarantee order or for any other reason. This was referred to in Article 44 which states that, "Individuals shall have the right to private assembly without permission or prior notification, and the police may not attend such private meetings. Public meetings, processions and gatherings shall be permitted in accordance with the conditions and manner specified by law, provided that their purpose and means are peaceful and not contrary to morals."

       Public assemblies are permitted, whether they are processions in streets or gatherings in a public square or a certain place. Yet, they should adhere to the provisions of law. The particular meaning of a public assembly and the criteria used to distinguish it from a private one are illustrated by law in detail.

       In addition, the Constitution guarantees the freedom to forming associations and unions on a national basis, being independent from any foreign influence. Article 43 states, " Freedom to form associations and unions on a national basis and by peaceful means shall be guaranteed in accordance with the conditions and manner specified by law. No one may be compelled to join any association or union." This Article does not clearly mention anything about the formation of political parties. It does not oblige or prohibit such thing but leaves the matter to the legislature.

       The Constitution guarantees any person, whether native or foreigner, the right to complain (submit complaints or petitions) and address public authorities as regards any public or private matter. Article 45 states, "Every individual shall have the right to address the public authorities in writing over his signature. Only duly constituted organizations and bodies corporate shall have the right to address the authorities collectively."

       There is another article concerning the complaints or petitions presented by citizens only to the National Assembly. Article 115 states, "The Assembly shall set up, among its annual standing committees, a special committee to deal with petitions and complaints submitted to the Assembly by citizens. The committee shall seek explanation thereon from the competent authorities and shall inform the person concerned of the result. A member of the National Assembly may not interfere with the work of either the Judicial or the Executive Power."

       Article 166 states that, "The right of recourse to the Courts is guaranteed to all people. Law shall prescribe the procedure and manner necessary for the exercise of this right." Concerning the procedures of recourse, Article 173 states that, "Law shall specify the judicial body competent to decide upon disputes relating to the constitutionality of laws and regulations" (The Constitutional Court). Also, Article 169 states, “Law shall regulate the settlement of administrative suits by means of a special Chamber or Court.” Article 171 states, “A Council of State may be established by a law to assume the functions of administrative jurisdiction.”

5. The Right to Education

Right to Educate

Article 40 states, "Education is a right for Kuwaitis, guaranteed by the State in accordance with law and within the limits of public policy and morals. Education in its preliminary stages shall be compulsory and free in accordance with law. Law shall lay down the necessary plan to eliminate illiteracy.

       The State shall devote particular care to the physical, moral and mental development of youth." Like any other public right or liberty, education normally depends on the state's capabilities. Education in its preliminary stage, which ends with the intermediate education, is compulsory and free. Compulsion should not extend beyond these preliminary stages, as this would restrict the freedom of parents to direct their children. In addition, it is difficult to apply this compulsion for girls at this age because national traditions, which represent an aspect of social rights, should be taken into consideration. Nothing can prevent education from being for free in the other stages as it is now.

       The state provides higher education with its different academic and practical specializations. It works on increasing the number of scientific missions and carrying out continuing education programs within the framework of serving and developing local society. Due to the importance of science and culture in building the constituents of man's personality and qualifying him to face the burdens of public and private life, Article 14 states, “The state shall promote science, letters, and the arts and encourage scientific research.” This is mainly to assure the human right to knowledge and fulfill his desire to practice different artistic, literary and scientific activities.

6. The Right to Work:

       The Kuwaiti Constitution regards work as an individual right and a social activity. Article 16 states, "Property, capital and work are fundamental constituents of the social structure of the State and of the national wealth. They are all individual rights with a social function as regulated by law." This article states that Kuwaiti society is restricted to three fundamental constituents, each of which complements the other. First, property which means the right of the individual to possess and the legal permission which covers everything that can be owned, whatever its source, value or type. Second, capital which means the right to possess, accumulate, develop and invest more than one property at the same time. Third, work which aims at preventing the capital from deviating from its social message. Therefore, the state would manage capital within the framework of the social welfare without extravagance or exploitation that would not go along with social justice.

Right to Work

The Constitution regulates the relationships between employers and employees, taking into account the rules of social justice (payment, break, working hours, etc.). Article 22 stipulates, "Relations between employers and employees and between landlords and tenants shall be regulated by law on economic principles, due regard being given to the rules of social justice.

       In addition, Article 41 states, "Every Kuwaiti has the right to work and to choose the type of his work. Work is a duty of every citizen necessitated by personal dignity and public good. The State shall endeavor to make it available to citizens and to make its terms equitable." This article adds a new social aspect to the right to work by directing the authorities concerned to increase the job opportunities available for citizens in terms of their capabilities and programs. Yet, this does not imply any obligations, i.e. no citizen has the right to sue these authorities if they cannot fulfill this article. The final sentence stands for the right to fair payment, break, paid vacations, medical and financial insurance in case of disability or injury resulting from work. In the beginning, this article was restricted to Kuwaiti citizens, but its principles extended to include the type of work and its fair provisions that should be applied to all workers, whether native or foreigners.

       Besides, Article 42 assures that, "There shall be no forced labor except in the cases specified by law for national emergency and with just remuneration." It is noted that corvee or unpaid labor is not permitted whether among natives or foreigners. The right to work also includes the right to the freedom to form syndicates in Article 43, as previously mentioned.

7. The Right to Own Property

       The Constitution maintains the right to own private property and the freedom to sell or keep it. Thus, Article 18 states, "Private property is inviolable. No one shall be prevented from disposing of his property except within the limits of law. No property shall be expropriated except for the public benefit in the circumstances and manner specified by law, and on condition that just compensation is paid. Inheritance is a right governed by the Islamic Sharia."

       The Constitution also protects private property. Article 19 states, "General confiscation of the property of any person shall be prohibited. Confiscation of particular property as a penalty may not be inflicted except by a court judgment in the circumstances specified by law."

       It is worth noting that the right to own private property is related to the idea of social rights. Property, capital and work are individual rights with a social function and are regulated by law, just as the relationships between employers and employees are not only based on economic principles but also on the rules of social justice.

       Stating that property is an individual right with a social function, the Constitution aims at regulating the property function in a way that achieves public welfare and prevents any harm that may befall the society or any misuse of rights. If the right to own property conflicts with the public welfare, the public welfare is given the priority. Thus, the social function of the right to own property necessitates that property should not stand as an obstacle in the way of realizing public welfare. Also, this right should not be used in a way that may inflict harm to others.

       Within this social context, there are three types of property. First, private property as mentioned in Article 18. Second, the state's property of natural resources, as mentioned in Article 21: "Natural resources and all revenues therefrom are the property of the State. It shall ensure their preservation and proper exploitation due regard being given to the requirements of State security and the national economy." Third, the cooperative property, as mentioned in Article 23: "The State shall encourage both cooperative activities and savings, and supervise the system of credit." Property, capital and work result in both private and public activities. Consequently, the Constitution is keen to stress cooperation between them and specify their aims. It also stipulates that such cooperation should be fair so that none of the mentioned activities dominates the other. "The national economy shall be based on social justice. It is founded on fair co-operation between public and private activities. Its aim shall be economic development, increase of productivity, improvement of the standard of living and achievement of prosperity for citizens, all within the limits of law" (Article 20).

8. The Right to Vote and Nominate Oneself

       The Preamble of the Constitution refers to democratic regime and the aspiration towards more political freedom and equality. Article 6 states that, "The System of Government in Kuwait shall be democratic, under which sovereignty resides in the people, the source of all powers. Sovereignty shall be exercised in the manner specified in this Constitution."

       Concerning the right to vote, Article 80 stipulates, “The National Assembly shall be composed of fifty members elected directly by universal suffrage and secret ballot in accordance with the provisions prescribed by the electoral law. Ministers who are not elected members of the National Assembly shall be ex-officio members thereof.”

       As regards the right to nominate oneself, Article 82 stipulates the following conditions should be realized in the nominee:

A member of the National Assembly shall
(a) be a Kuwaiti by origin in accordance with law.
(b) be qualified as an elector in accordance with the electoral law.
(c) be not less than thirty calendar years of age on the day of election.
(d) be able to read and write Arabic well.

       It is noticed that differentiating between the native and the naturalized citizen is a common matter in any constitution in general, especially in the political rights. In many constitutions, this differentiation lasts for a specific number of years, which are considered as a training period on loyalty to the new nationality. International experiences proved that this period is necessary to the state.

9. The Right to Security

       Article 2 of the constitution does not only acknowledge that the religion of the State is Islam, but also stipulates that the Islamic Sharia (Islamic law) shall be main source of legislation. Thus, it directs the legislature and entrusts it to apply the rules of Islamic Sharia. Many religious jurisprudent noticed how the Kuwaiti legislature pays attention to the social rights to enable people to overcome the difficulties of life. Articles of the Constitution cover many principles and instructions which embody solidarity, mercy, unity and care for the weak and the needy as regards medical, social and financial aspects. They are the most important constituents of Kuwaiti society as:

1. Cooperation and mutual help are the firmest bonds among citizens (Article 7).
2. The family is the cornerstone of Society. It is founded on religion, morality and patriotism. Law shall preserve the integrity of the family, strengthen its ties and protect, under its auspices, motherhood and childhood (Article 9).
3. The State cares for the young and protects them from exploitation and from moral, physical and spiritual neglect (Article 10).
4. Education is a prerequisite for the progress of society, and it is thus assured and promoted by the State. (Article 13). Education is a right for Kuwaitis and it shall be compulsory and free in its primary stages (Article 40).
5. The State ensures aid for citizens in old age, sickness or inability to work. It also provides them with services of social security, social aid and medical care (Article 11).
6. The State cares for public health and for means of prevention and treatment of diseases and epidemics (Article 15).
7. The State ensures security and equal opportunities for citizens (Article 8).
8. The State shall endeavor to make work available to citizens and to make its terms equitable (Article 41).
9. Social justice shall be the basis of taxes and public imposts (Article 24).
10. Small incomes shall be exempted from taxes in such a way as to maintain the minimum standard of living (Article 48).
11. Relations between employers and employees and between landlords and tenants shall be regulated by law on economic principles, due regard being given to the rules of social justice.
12. Social justice shall be the basis of the national economy.
13. The State shall ensure the solidarity of society in shouldering burdens resulting from public disasters and calamities and provide compensation for war damages or injuries received by any person as a result of the discharge of his military duties (Article 25).
14. Peace is the aim of the State, and the safeguard of the integrity of the country, which is part of the integrity of the Greater Arab World, is a trust devolving upon every citizen. (Article 157).