22 ALRAQABA . ISSUE 18 defendant in order to achieve the highest degree of neutrality. Furthermore, it is very crucial to define the major elements of the concept of the natural judge. They can be summarized into three major elements, as follows: First: The court must be a permanent court and established by law: The jurisdiction of the court must be permanent and unbound by time, whether it was a certain period of time or certain conditions such as a state of war or emergency. Courts that are defined by a certain period of time do not fall under the natural justice system. On the other hand, the court must be established according to a law considering that it is the main source of regulations regarding general procedures, including the rules that regulate the judicial system. Therefore, the executive authority can not go against the regulation of the judicial authority. Article (164) of the Kuwaiti Constitution established the pillars of the judicial authority and referred to the Law to regulate its affairs and determine its competencies. However, this mandate must be bound by its limits and can not be used as an excuse to waste, undermine, or infringe upon this competency; otherwise, it falls within constitutional illegitimacy. The judicial authority is an original authority and is considered equal to the legislative and executive authorities. It derives its existence and entity from the constitution, not the law. The constitution bestowed it with the application of justice, and it is independent in that regard from other authorities. Therefore, no one can issue any legislation that wastes the jurisdiction of this authority – completely or partially – without being argued by Article (164) of the constitution, which states that the law must categorize courts based on their types and degrees and state their function and competencies. This means that the legislator totally handles the distribution of jurisdictions over those authorities in a way that ensures the achievement of justice and enables people to practice the right of litigation without compromising the judicial authority itself or removing any aspect of disputes from its jurisdiction. Second: The competency of the court must be defined before the emergence of the case It means that every citizen must be aware of the competent court hearing their case in advance in any proceedings they might be involved in within the qualitative and geographical competency of courts. Hence, no person can be taken away from their natural judge and put into another court. The Amiri Decree No. 1959/19 and its amendments concerning the law of judicial regulations stated the competencies of courts and their jurisdictions. Therefore, the legislative authority can not amend the rules of judicial competencies unless within the mandate given; otherwise, their actions will be considered null and void. Originally, regulating or restricting rights and freedoms must be done according to laws. However, it has to be done with Legislations
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