The Flaw of Haste in Issuing Legislation

Many legislative rules are typically enacted in haste during the final days before the adjournment of legislative sessions. Consequently, they are not subjected to careful study or thorough deliberation. This often results in laws that are ill-suited to the social and economic conditions people face, or that suffer from poor drafting, violate general constitutional principles, or contain ambiguous provisions.

In Kuwait, our legislative body, the National Assembly, is currently suspended, and the executive branch is responsible for issuing legislation at present. Indeed, a few months after the dissolution of the National Assembly, the National Plan for Updating the Legislative System was introduced. This plan aims to review and develop 25% of the laws in force in the State of Kuwait by December 2026, through three main pillars covering social, economic, and criminal aspects, thereby contributing to streamlining procedures, enhancing the business environment, and consolidating Kuwait’s international standing.

Government legislative committees have achieved tangible progress, having completed 284 legislative measures to date, including the issuance of new laws, amendments to existing ones, and the repeal of outdated legislation. The plan targets raising the total number of completed legislative measures to 400 before the end of its work in December 2026.

Undoubtedly, this is a monumental and exhausting effort, and the legislative committees involved in completing such a large number of laws deserve thanks and appreciation. However, just as we are pleased with the rapid completion of this volume of legislation, we would be even happier if these laws had received the careful, unhurried study they deserve, because the ultimate measure of success lies in quality, not quantity.

Among the laws we perceive as having been rushed is Law-Decree No. 102 of 2026, issuing the Law Regulating Media. This is one of the rare laws that involves a two-stage implementation process. The first stage begins six months after its publication in the Official Gazette, during which the competent Minister must issue the executive regulations. The second stage extends for six months from the date of issuance of the executive regulations, taking into account the interests of existing media activity holders at the time the law comes into force; practically, this timeline may extend until late 2027.

I have noticed ambiguity regarding the issuance articles, particularly concerning the effective date, and a violation of the principle of equality enshrined in the Constitution, which is difficult to explain within this narrow scope. It would have been more appropriate for the legislator to wait until the executive regulations were finalized, as such a law cannot be enforced upon those subject to its provisions without their completion, given that they contain essential and fundamental conditions and rules related to the text of this law and its implementation.

O Lord, have I conveyed the message? O Lord, bear witness.