Parliamentary Immunity and its Dimensions In the Light of the Case of Disclosing the Kuwaiti Prime Minister's Checks in 2009 in the Parliamentary Questioning

The importance of this study consists in the verdict, in question, issued against the Kuwaiti Member of Parliament (MP), Faisal al- Musallam; Second Defendant in the filed lawsuit "disclosure of bank secrets", who, on the occasion of parliamentary questioning regarding Prime Minister, revealed a check submitted by Prime Minister to one of the members of parliament. This ruling is a novel interpretation of parliamentary immunity in its substantive part; its seriousness lies in the fact that it voids substantive immunity of its real content. One of the most important consequences of this ruling is that the parliament member, in general, has become threatened that the views and ideas he/she presents in parliament may be in violation of the Kuwaiti Constitution, established rules, parliamentary norms, international conventions, and most importantly the will of nation contemplated when drafting constitution, including ensuring the right of MP to express his/her views and ideas that have grounds for the disclosure of documents supporting his/her claims, otherwise MPs charges brought against government shall be non-proofed and unfounded, especially when taking into account that the disclosed document is a check issued by Prime Minister for the benefit of one of the members of National Assembly who are entrusted with monitoring government and holding it accountable.