Information Minister Sheikh Mohammad Al-Abdullah Al-Sabah said that the decision was taken after all constitutional experts polled by the government said that the electoral law, amended in 2006, is in breach of the constitution.
Sheikh Mohammad said the Cabinet asked the Legal and Fatwa Department, the state legal body, to prepare the necessary application for the referral, adding that it will be filed before the end of next week.
The minister said that the government wants to “immunize” the electoral law against any future challenges in the constitutional court, saying that the constitutional experts pointed out that the court will likely accept any challenge against the law if it was not “immunized”.
Sheikh Mohammad said that following a thorough revision of the issue, the government opted for the move rather than dissolving the 2009 Assembly and holding fresh elections because there is a legitimate fear that the court could scrap the election process.
The government has decided to specifically refer the part on the distribution of the electoral districts from the electoral law, the minister said.
The action comes after the unprecedented constitutional court ruling in June in which it nullified the February legislative polls, scrapped the 2012 Assembly and reinstated the 2009 house after it was dissolved in December.
The 2009 Assembly failed to meet on two occasions last week due to a lack of quorum as both opposition and pro-government MPs boycotted the two sessions. Speaker Jassem Al-Khorafi said he will refer the issue to HH the Amir next week.
The information minister said that he does not see the 2009 Assembly meeting again, but explained that the government will take no action regarding dissolving the Assembly or calling for fresh polls before the constitutional court issues its verdict. He gave no timeframe for the process which could take months, keeping the country in a limbo without an effective national assembly.
The electoral law, which divides the state into five electoral districts, was passed by parliament in 2006 following popular rallies demanding to reform the election process. Parliamentary elections were held on the basis of the law in 2008 and 2009, in addition to Feb 2012 which the constitutional court nullified in June on the grounds of procedural flaws.
The opposition has repeatedly warned that any action by the government to refer the electoral law to the constitutional court will be met with street protests by its supporters.
Leading opposition figures have insisted that the move amounts to a coup against the constitution and the democratic system in the country. Youth activists have said that they will start the protests by camping at the “Square of Will” opposite the National Assembly building.
