Utilising the judiciary to reject the popular will?: legal mobilization after the Arab uprising in Kuwait

Ishiguro Hirotake

No 653, IDE Discussion Papers from Institute of Developing Economies, Japan External Trade Organization(JETRO)

Abstract: This study examines the role of the judiciary in the political process after the Arab Uprising, focusing on a Constitutional Court and its judgements in a case where the popular will was rejected via a judicial ruling. In particular, I will analyse a case of Kuwait where the Constitutional Court declared election void and ordered the dissolution of parliament, after the opposition had won a stable majority. This case conjures images of legal mobilization by the regime; however, considering the political context where the government and parliament were in a serious ongoing conflict, the constitutional rulings by the Constitutional Court can be evaluated as a mediator intended to ease the stalemate and prevent a fall into a more serious crisis concurrent with the political upheaval in other Arab countries.

Keywords: Justice; Courts; Legal mobilization; Judicialization of politics; Democratization; Kuwait (search for similar items in EconPapers)
Date: 2017-03
New Economics Papers: this item is included in nep-ara, nep-cdm, nep-law and nep-pol
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Published in IDE Discussion Paper = IDE Discussion Paper, No. 653. 2017-03

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