Kuwait: Updating the legislative framework as a gateway to sustainable development
Al-Jarida has addressed this topic on multiple occasions and from various angles and perspectives; yet, I find its significance sufficient to justify returning to it. I also find that the opinions and facts disclosed by the Minister to the press (published on June 30 last and July 5 this year) warrant a closer examination. This is not merely to pass objective criticism or offer well-deserved praise, but to underscore the strategic importance of the legislative modernization movement underway in Kuwait. It is also to ensure that this exceptional opportunity is equipped with the necessary conditions for success in building a legislative system grounded in sound principles that reinforce the authority and justice of the law, possessing a broad vision that provides sufficient sustainability to keep pace with the winds of the times and anticipate future developments, and employing a methodology and starting points that dispel legitimate and evasive questions regarding its quality and efficacy.
Drawing from the Kuwaiti experience, we observe that between 2010 and 2018, numerous laws were enacted with the aim of improving the performance of the Kuwaiti economy, expanding its base, correcting its workforce structure, and enhancing its competitiveness. However, the positive effects of many of these laws never met expectations. In fact, many of them raised the need for immediate amendment upon their enactment, or faced implementation hurdles due to structural deficiencies. This resulted from several objective factors, foremost among which are: the lack of reliance on comprehensive studies, the absence of a developmental strategy, the dominance of political considerations, and a reactive approach driven by feelings of doubt and suspicion, in addition to narrow channels for participation and consultation.
Laws on privatization, public-private partnerships, the National Fund for Supporting Small and Medium Enterprises, the encouragement of direct investment, public tenders, and the General Roads Authority... provide clear examples of laws whose performance fell short of achieving their objectives, along with many others.
Setting aside the lessons from this experience, we read the statement by His Excellency the Minister of Justice that between July 2026 and December 2027, 150 laws, among the most impactful on citizens’ lives, families, procedures, and the economy, will be updated or enacted. This amounts to an average of eight laws per month, or one and a half working days per law.
I have no doubt whatsoever that such a goal is driven by sincere patriotic enthusiasm and an overwhelming desire for achievement. However, at the same time, I am convinced that certain matters in life must be allowed sufficient time to mature, stabilize, and be adopted. It is impermissible to exceed the limits of speed in these matters, nor is a policy of skipping stages suitable for them. The creation of clear, fair, and positively impactful legislation is among these matters, if not the foremost of them. Consequently, enthusiasm for achievement should not lead us to the errors of haste in this process. In this regard, crafting legislation is akin to pharmaceutical production; it requires research, investigation, and clinical trials before its outputs are released for public use.
On the other hand, and of equal importance, attention must be paid to the organic and interactive relationship between the legislative modernization axis and the other axes of profound change that Kuwait is undergoing. This makes it imperative that specialists in various fields, domains, and activities, according to the nature of each law or amendment, join the technical team and the workshops tasked with legislative modernization. The major challenge in the legislative modernization movement is not limited to the process of drafting legislation itself; it also lies in how to manage this process and formulate its conditions and mechanisms, based on a deep understanding of the importance of review and consultation on multiple levels.
In light of all this, and to ensure that updating the legislative framework serves the interests of the nation, its citizens, justice, and development, this article recalls previous calls by several specialized Kuwaiti institutions and figures, as well as the practices adopted by many countries to develop, govern, and sustain the legislative drafting process through what is known as “Regulatory Impact Assessment” (RIA). This tool helps, to a considerable extent, to identify the various impacts of proposed legislation, and to calculate its costs and returns for citizens, public finances, the national economy, the labor force composition, and local and global competitiveness.
International experience abounds with successful practical models from countries that have made “Regulatory Impact Assessment” a legal obligation. These countries range from the United States to India and Indonesia, passing through most European nations. In France, in particular, it has attained constitutional status, requiring that “legislative impact studies” demonstrate, among other things, the reasons for resorting to the proposed legislation, its objectives, and possible non-legislative alternatives. The Organisation for Economic Co-operation and Development (OECD) has issued recommendations and principles to move the legislative process from the realm of subjective interpretation to a scientific methodology based on measurable standards and objectives. The European Union has not lagged behind in this direction; it has issued guidelines on the matter and established an independent body under the authority of the President of the European Commission.
Finally, I do not claim to possess legal expertise, nor do I deny that it is neither within my capacity nor feasible within the scope of an article like this to delve into deeper waters on this subject.
While I reiterate my praise for the efforts and enthusiasm of those responsible for updating the legislative framework in my country, I wish to emphasize that the call to make legislative feasibility studies a mandatory stage in any legislative or amendment process is not a call for slowness and complexity, but rather a call for quality, viability, precision, and sustainability.
