Forms of Governance in the Kuwaiti Legal System
Prof. Mohammad Al-Moqatei
Dean and President of KILAW
Abstract:
‘Governance’ means the regulations, rules and procedures governing institutions. It determines the limits of their variable decision-making authorities, whether they be public or private, profitable or non-profitable, large or small, democratic or otherwise. Indeed, this is an established and long-existing concept, but it has evolved in modern times and been widely adopted due to the persistent need to monitor modern ‘institutions’, especially commercial ones.
However, governance itself is an inevitable necessity for any institution.
Governance actively promotes and initiates tasks regardless of the nature of the tasks; whether the entityis public or private; for-profit or not-for-profit; government-related or not; and temporary or permanent in nature.
According to the numerous types, nature and activities of the institutions, the forms of governancevary. However, the forms of governance generally fall in the following main categories:
● Reference Governance: This form of governance constitutes the corner stone from which institutions draw their existence, and it lasts as long as institutions maintain their existence.
● Administrative Governance: It controls the legitimacy of the administrative institutions and their hierarchy as well as vertical or horizontal relations.
● Professional and Moral Governance: This form of governance results from the development of adjusting the behaviors and morals of the professional practices of the activity. It can be seen in all institutions, especially in professional ones.
● Commercial Governance: It controls the commercial institutions.
● Procedural Governance: It refers to the detailed procedures that guide tasks’ applications, and identifies how, where, and when the institution should proceed.
● Financial Governance: This governance controls the financial aspects of the institutions.
This paper will examine in detail each individual form of governance.