24 ALRAQABA . ISSUE 18 Legislations legal rules prior to the emergence of the claim. It means that any court established after the occurrence of a dispute or crime is considered exceptional. 2. The court must include the essential guarantees established by the constitution and the law. Most importantly, the court must be formed by judges who are specialized in judicial work. Moreover, the judges must remain independent, irrevocable, and impartial. Such requirements are deemed necessary given that they are considered the protectors of rights and liberties, as stipulated in Article (163) of the Kuwaiti Constitution, which states that “In administering justice, judges are not subject to any authority. No interference whatsoever is allowed with the conduct of justice. The law guarantees the independence of the Judiciary and states the guarantees and provisions relating to judges and the conditions of their irrevocability”. In addition, another guarantee is that all litigants must enjoy all defense rights and guarantees pursuant to Article (166) of the constitution, and all laws applied must be in line with the constitution and deeply respect human rights and dignity. The right of citizens to seek their natural judge entails another highly important principle, which is their equality in front of the court. This does not mean that we can not have different courts for different kinds of disputes or crimes. It means that the courts must not differ based on the social conditions of defendants. One of the requirements for this principle is to have unified litigation procedures across all litigants regardless of their social groups and classes. These are the guarantees that the legislator must ensure to people in order to preserve their constitutional right to litigate before an independent justice system. However, the main guarantee for this right can not be found in constitutions or laws. It is the guarantee that was explained by the late Minister of Justice in the Egyptian Court, Mr. Mohammed Sabri Abu Alam, when he presented the first law of court independence in 1943. He said, “the best guarantees for the judge are the ones that he/she derives from deep within his/ her heart. And the best bulwark to seek is his/her conscience. Before you look into guarantees for the judge, look into the person behind the badge. The badge will not make a judge if the person does not possess the pride and independence of one”. Finally, we would like to reiterate that the legislator must abide by Article (29) of the constitution, which states that “all people are equal in human dignity, and in public rights and duties before the law, without distinction as to race, origin, language, or religion”, and Article (166), which secures the right of litigation for citizens before their natural judge and states that “the right of recourse to the Courts is guaranteed to all people. Law prescribes the procedure and manner necessary for the exercise of this right”.
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