The Problems Facing the Preparation, Issuance and Implementation of Reformative Laws: A Comparative study
Dr. Yahya Mohammed Morsi Al Nimr
Assistant Professor of Public Law Kuwait International Law School
This research aims to study the problems facing the preparation, issuance and implementation of reformative laws in France and Egypt and Kuwait. The study has found the importance of dividing the functions of the State, and the need to adhere to the principle of «Separation of powers», people’s participation in the legislative aspect through People’s Initiative «L’initiative populaire» and Popular Referendum «Le veto populaire», which are two forms of the semi-direct democracy «Démocratie semi-directe», in addition to the necessity of constructive cooperation between the Executive and Legislative authorities, which is demonstrated through shows through non-recourse to the dissolution of the Parliament except in case of necessity, and the Parliament not exaggerating exercising its oversight role while disregarding its legislative role.
The study is an attempt to highlight the essential difference between developing legislation and amending legislation, to distinguish between the regulation and restriction of rights and freedoms, highlighting the role of parties which assist authorities responsible for legislation in the process of drafting laws in France and Egypt and Kuwait, with the need to develop these parties in order to keep up with modern developments in the legislative process.
The study’s importance stems from its investigation in one of the important topics related to the legislative process which demonstrates the dominance of the Executive authority over the legislative process, which is demonstrated through lack of parliamentary legislation, and the Government’s use of mechanisms restricting the Parliament in playing its role as the blocked vote «Le voté bloqué», as well as looking into problems facing the issuance and publication of laws either to refrain from publishing or the widespread of the missing laws phenomena, in addition to problems related to the process of implementing the reformative laws such as legislative inflation and overlapping competencies between law enforcement agencies, as well as the role of the government and the reformative authority in ensuring the implementation of the law.
This research deals with legislative reform «Réforme législative» while focusing on legislative process «Processus législatif» in its different stages, and how to overcome the problems that impede the reform process either in the preparation, issuance, promulgation or implementation of legislations, through paying attention to modern methods used in the legislative process such as studying the legislative impact and taking advantage of the parties assisting the legislator in the preparation and drafting of legislation.