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<p>This paper examines the evolution, disruption, and reconstitution of Kuwait’s 1962 Constitution across six decades of political development. Framed as one of the region’s earliest experiments in liberal constitutionalism within a hereditary monarchy, the Constitution established popular sovereignty, legislative authority, and civil liberties alongside extensive executive power. Since its promulgation, however, Kuwait has experienced recurring cycles of constitutional suspension and restoration, most notably in 1976, 1986, and the recent 2023–2024 crisis. Through historical, legal, and political analysis, the paper traces how these suspensions were justified, the constitutional articles violated particularly Articles 50, 106, 107, and 181 and the mechanisms through which constitutional life eventually re-emerged. It highlights the role of civil society, diwaniyyas, political factions, and judicial institutions in defending constitutional norms even during periods of executive overreach. The study situates Kuwait within comparative frameworks of hybrid constitutionalism, showing parallels with other Middle Eastern and post-colonial systems where liberal provisions coexist with entrenched monarchical authority. Despite repeated violations, the 1962 Constitution has endured as a central source of political legitimacy, shaping both elite bargaining and public expectations. The paper argues that Kuwait’s constitutional history reveals a distinctive pattern of resilience rooted in societal memory, institutional learning, and recurring pressures for restoration.</p>

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Cycles of suspension and restoration: constitutional resilience and executive overreach in post-1962 Kuwait

  • 期刊论文

  • 发表日期：

    2026年3月17日

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  • Fawaz Almutairi

摘要

This paper examines the evolution, disruption, and reconstitution of Kuwait’s 1962 Constitution across six decades of political development. Framed as one of the region’s earliest experiments in liberal constitutionalism within a hereditary monarchy, the Constitution established popular sovereignty, legislative authority, and civil liberties alongside extensive executive power. Since its promulgation, however, Kuwait has experienced recurring cycles of constitutional suspension and restoration, most notably in 1976, 1986, and the recent 2023–2024 crisis. Through historical, legal, and political analysis, the paper traces how these suspensions were justified, the constitutional articles violated particularly Articles 50, 106, 107, and 181 and the mechanisms through which constitutional life eventually re-emerged. It highlights the role of civil society, diwaniyyas, political factions, and judicial institutions in defending constitutional norms even during periods of executive overreach. The study situates Kuwait within comparative frameworks of hybrid constitutionalism, showing parallels with other Middle Eastern and post-colonial systems where liberal provisions coexist with entrenched monarchical authority. Despite repeated violations, the 1962 Constitution has endured as a central source of political legitimacy, shaping both elite bargaining and public expectations. The paper argues that Kuwait’s constitutional history reveals a distinctive pattern of resilience rooted in societal memory, institutional learning, and recurring pressures for restoration.