Media from My Country (4 - 4)

Good morning; a family with deep roots, authentic in essence, noble in origin, and deeply embedded in history. People have known the Al Sabah family for their chivalry, generosity, loyalty, steadfastness, good conduct, and lasting positive impact. For this reason, I began with you, and from you came the beginning; thus, the choice of the Al Sabah family as the inaugural subject of this series is a tribute to a family whose name is intertwined with Kuwait’s history, and which has maintained a firm presence and enduring influence throughout its journey. Since the great family is known for its men and women, I chose to begin with its prominent figures—those who left indelible marks on Kuwait’s history, whose lives deserve to be recounted, and whose deeds merit preservation in the memory of the nation and future generations.

Sheikh Abdullah Al-Salim Al-Sabah: Pioneer of Independence and Builder of the Constitutional State

Episode Four: The 1962 Constitution

On June 19, 1961, Kuwait regained its sovereignty, marking the end of a historical phase that had lasted more than six decades. The state became master of its own decisions, exercising its sovereignty and shaping its relations with the world through its independent will. However, Sheikh Abdullah Al-Salim Al-Sabah understood that independence, despite its grandeur, was not the end of the road. A state freed from protection requires a system that organizes its powers, defines its responsibilities, safeguards the rights of its people, and delineates the relationship between the ruler and the ruled.

The question posed by this new era was clear: If Kuwait became independent externally, how would it build the state internally? Abdullah Al-Salim’s answer was historic: through a constitution. Thus, his project shifted from liberating the state’s will to organizing its powers, and from political independence to a constitutional state.

First: Independence was not the end of the project

Kuwait could have been content with political independence and continued managing its affairs under the pre-independence systems. But Abdullah Al-Salim looked beyond the moment of independence. A modern state is not built solely on international recognition, the strength of authority, or the abundance of resources; it requires clear institutions, stable rules, and a law that regulates relations among its branches of government and defines rights and duties.

Abdullah Al-Salim had begun, even before independence, laying the foundations of a modern state—organizing the judiciary, citizenship affairs, and government departments, and establishing state institutions and legislation. Independence then provided this structure with a complete sovereign framework. Hence, the next step was logical: building a constitutional state. On August 26, 1961, an emiri decree was issued concerning the Basic System for the transitional period and the procedures for electing the Constituent Assembly, tasked with drafting a permanent constitution for the country.

This marked a new phase in Abdullah Al-Salim’s project: it was no longer sufficient for Kuwait to possess independent sovereignty; this sovereignty needed a constitutional system to govern it.

Second: The Constituent Assembly—When Kuwaitis participated in shaping their future

Abdullah Al-Salim did not draft the constitution alone, nor did he impose a ready-made charter on the country. Instead, he chose a different path: involving Kuwaitis in shaping their state’s future. On December 30, 1961, elections for the Constituent Assembly were held, resulting in the election of twenty members. Sheikh Abdullah Al-Salim opened the Assembly’s sessions on January 20, 1962. Abdul Latif Mohammed Thunayan Al-Ghanim was elected as the Assembly’s president, and Dr. Ahmed Al-Khatib as its deputy.

In his opening address, Abdullah Al-Salim presented the members with their historic mission: laying the foundations of governance for the future. Thus, the constitution was not merely a document drafted in offices; it became a national project in which representatives of society participated, discussing the form of the state, its powers, citizens’ rights, and duties.

This was an extension of the oldest constitutional experience in Kuwait, dating back to the 1938 Constitutional Document, which preceded the 1962 Constitution and paved the way for political and constitutional development in the country.

Third: The Constitution Committee... Architects of the Founding Document. During the sixth session of the Constituent Council, a committee of five members was formed to draft the Constitution project: chaired by Abdul Latif Al-Ghanim, with members Sheikh Saad Al-Abdullah Al-Salim Al-Sabah, who was then the Minister of Interior; Hamoud Al-Zaid Al-Khalid, the Minister of Justice; Yaqoub Yousef Al-Humaidi; and Saud Abdulaziz Al-Abdulrazzaq. The committee held its sessions and sought legal expertise until it finalized the draft Constitution. On November 3, 1962, the Constituent Council approved the draft Constitution unanimously, then submitted it to Sheikh Abdullah Al-Salim, who endorsed and promulgated it on November 11, 1962. At this point, the idea became a document. The document became a system. The system became the foundation of the modern State of Kuwait.

Fourth: November 11, 1962... The Birth of the Constitutional State. On November 11, 1962, Abdullah Al-Salim was not merely issuing a regular law, but was endorsing the document that would define the constitutional framework of the State of Kuwait. The preamble of the Constitution stated that the objective was to complete the causes of democratic governance, consolidate political freedom, equality, and social justice, while preserving the unity and stability of the nation, and respecting the Arab nature’s inclination toward consultation in governance. The Constitution consists of 183 articles divided into five chapters, covering the State and system of governance, the basic foundations of society, general rights and duties, the powers, and finally general and temporary provisions. Thus, Kuwait’s independence was no longer based solely on liberation from external protection, but acquired a new internal dimension: a state governed by the Constitution. This is where the greatness of the transformation lies: on June 19, 1961, Kuwait became an independent state. On November 11, 1962, this state became governed by a constitutional framework.

Fifth: Sheikh Abdullah Al-Salim, Father of the Constitution... When Power is a Project, Not a Privilege. The name of Sheikh Abdullah Al-Salim Al-Sabah is associated in Kuwaiti memory with the title "Father of the Constitution." This title was not merely an honor for a man who signed a historical document. Signing alone does not create a constitutional state. The value of Abdullah Al-Salim lies in the political will that propelled Kuwait from the stage of independence to the stage of organizing governance through a constitution. More importantly, the Constitution’s preamble itself reveals aspects of his philosophy; it spoke of democratic governance, political freedom, equality, social justice, consultation, and the dignity of the individual, while preserving the unity and stability of the nation. This means that the Constitution was not merely a technical organization of powers, but a vision for the future of the state and society. Abdullah Al-Salim could have made independence the end of the journey. Instead, he chose to make it the beginning of a state of institutions. This represents one of the greatest characteristics of his experience: he did not use independence to expand personal power, but to open the path for building state institutions.

Sixth: From the Constitution to the National Assembly. However, the Constitution’s value is not complete merely by its issuance. It had to move from paper to life, from text to practice, and from principles to institutions. Therefore, the legislative elections held on January 23, 1963, were to elect the first National Assembly under the Constitution, and the Assembly held its first session on January 29 of the same year. Thus, Kuwait began a new phase of constitutional and parliamentary life. The state acquired an elected National Assembly, a government operating within a constitutional framework, powers whose relationships are regulated by the Constitution, and a judiciary representing one of the pillars of the state.

The experience was not without challenges or disagreements; for political life, by its very nature, is based on dialogue, difference, and a plurality of opinions. However, the historic achievement was that Kuwait possessed, from that stage onward, a constitutional framework and political institutions capable of evolving over time. Here, Abdullah Al-Salim’s project shifted from state-building to institution-building.

Seventh: Abdullah Al-Salim… What did he leave behind? When we read the history of Abdullah Al-Salim, the most important question becomes not: What did the man achieve? But rather: What did the man leave behind? He left behind an independent state. He left behind a constitution. He left behind institutions. He left behind parliamentary life. And he left behind an idea that became part of Kuwait’s political identity: that the state is stronger than individuals, and that institutions should endure after their founders have passed. Here lies the greatness of his project. He could have built personal glory, but he chose to build a state. He could have made history speak of his power, but he made history speak of a constitution and institutions. Therefore, Abdullah Al-Salim was not merely an emir in Kuwait’s history; he was a complete era in its history.

Conclusion: When independence acquired a constitution… In the previous episode, we discussed June 19, 1961, the day Kuwait regained its sovereignty and independence. Here, we stand before the next milestone: November 11, 1962, the day independence acquired a constitution. Independence allowed Kuwait to reclaim its decision-making autonomy, while the constitution organized its powers. Between these two dates, the genius of Abdullah Al-Salim Al-Sabah’s project is revealed: the independence of the state externally, and the rule of law internally. He did not want Kuwait to be merely an independent state; he wanted it to be a state governed by a system, safeguarded by institutions, and where everyone refers to a constitution. For this reason, his name remains linked to two milestones that shaped modern Kuwaiti history: independence and the constitution. However, the value of a person is measured not only by what they achieve in their lifetime, but by what remains of their legacy after their departure. Abdullah Al-Salim passed away, but independence remained. The man departed, but the constitution remained. The emir was gone, but the project endured. Here begins the final episode of this journey: Abdullah Al-Salim… The man who passed away, yet the state remained.

Summary:

1. Abdullah Al-Salim did not view Kuwait’s independence as the end of the project, but rather as the beginning of a new phase in building a modern state.

2. On August 26, 1961, the decree regarding the Basic Law for the transitional period and the procedures for electing the Constituent Assembly was issued.

3. The Constituent Assembly was elected on December 30, 1961, and convened in January 1962 to draft a permanent constitution for the country.

4. The constitutional draft was unanimously approved by the Constituent Assembly on November 3, 1962.

5. Sheikh Abdullah Al-Salim ratified and promulgated the Kuwaiti Constitution on November 11, 1962.

6. The constitution comprised 183 articles distributed across five chapters, organizing the state, the system of government, rights and duties, and powers.

7. Abdullah Al-Salim was not merely a signatory to the constitution; he possessed the political will that propelled Kuwait toward a constitutional state.

8. The first elections for the National Assembly were held on January 23, 1963, and the Assembly held its inaugural session on January 29.

9. Abdullah Al-Salim’s project transitioned Kuwait from state independence to a state of law and institutions.

10. Abdullah Al-Salim’s legacy remains present in Kuwait’s independence, constitution, and institutions; his project was a national endeavor, not merely the achievement of an individual.

Dr. Abdulhamid Khalifa Al-Shaiji