Legal Stability and the Problems of Preparing and Drafting Legislations and Laws
By: Prof. Badria A. Al-Awadi
Recently, there have been an increase in substantive and formal observations regarding the contradiction and inconsistency in the provisions of a number of laws, legislations and regulations, whether issued by the legislature or the executive branch, including the Anti-Corruption Authority Act, the Conflict of Interests Act, and the Competition Protection Act which is currently under amendment. This is in addition to the rejection of other acts, such as the early retirement law, not only because of the government’s objection to some of its clauses, but also because of the conflict between these clauses. This constitutes a real problem in relation to drafting and establishing jurisprudence as well as coordination and cooperation between the relevant parties in this regard.
These flaws and problems represent negative phenomena in the work of legislators and regulators. These problems should be corrected, but they certainly appear more frequently within elected and active parliaments, especially those with high levels of parliamentary coordination or government coordination. This is because the elected members are keen on participating in the legislative initiative through proposing laws or announcing their support to proposals of other MPs, as well as compatibility and coordination with the government, especially if it is a parliamentary government that is supported by a parliamentary majority, or a technocratic independent government seeking to meet the needs of its people, as is the case in Kuwait. Read Full Text