Ways and Means: Rectifying Errors in Previous Laws and Relieving Citizens of Harm
I have written on several occasions about the flaws in certain laws and decisions previously enacted without adequate study. I also pointed out that repealing or amending them after they have been in force for a period of time would be equally painful, with difficult repercussions for the country and its citizens. This is precisely what happened when certain cadres were granted very large financial sums, as well as in the exceptional retirement decisions, and in the laws establishing independent and affiliated bodies without a genuine need for them. When these decisions and laws were repealed, difficult circumstances befell those who had benefited from them and structured their lives around them. It would have been better to study laws and decisions objectively and meticulously before their enactment, ensuring that the study addresses key pillars, such as the essential need for them, the capacity to bear their future financial costs, justice, equality, and other important factors.
Today, we are once again facing examples of the approach taken to rectify past legislative errors. The Jleeb area was neglected for many years, and non-compliance certificates were issued to its homeowners. Then, the government issued a decision to evict residents swiftly. Similarly, the law regarding those who sold their homes was enacted and applied for years, only to be repealed later, leading to the sudden eviction of 509 Kuwaiti families who had not anticipated such a move. Likewise, the Central Bank’s decision not to accept vouchers established on state-owned properties as collateral for credit facilities may be professionally sound, but it failed to adopt a gradual approach to reform and change to provide alternatives and minimize harm that could extend beyond individual citizens to affect other economic sectors.
In the case of Jleeb Al-Shuyoukh, it would have been better to hasten the construction of worker housing and reorganize the area, for instance, by converting it into an investment zone for the same owners (as I personally proposed previously). Regarding Kuwaiti families benefiting from the “Who Sold His Home” law, it would have been possible to grant them a specific deadline to settle their affairs with the Ministry of Social Affairs or the Zakat House. As for the industrial vouchers, it would have been feasible to allow sufficient time for those who obtained credit facilities against these vouchers to replace their collateral with new guarantees, thereby preventing any bankruptcies or economic shocks.
I reiterate, having previously clarified that some laws enacted by the government and the National Assembly contained errors or were unsustainable for the future. Their current reform must be conducted in a technical, precise, and gradual manner to minimize damage to the state and its citizens as much as possible.
Thus, time proves that the legislative process must be deliberate, with all legal, constitutional, and financial aspects thoroughly studied. Haste in legislation is highly detrimental, as is haste in reforming laws after they have been in effect for a period, which can also cause harm.
During an official visit to the Netherlands several years ago, I learned that all new legislation is referred to the Constitutional Court to review all its aspects and ensure its drafting is constitutionally sound before issuance.
The necessity for legislative caution also applies to the decree-laws enacted by the government these days. They should not be rushed, and all potential repercussions following their enactment must be considered. They should also be presented to specialists in legal, constitutional, and financial matters, who need not necessarily be government employees but may represent the opposing or oversight viewpoint, to safeguard them against any errors. After all, he who seeks guidance from the Creator and consults His creation never fails.
