Minister of Justice, Counselor Nasser Al-Sumait, is commendably leading a comprehensive workshop aimed at amending Kuwaiti laws. This significant undertaking stems from the urgent need to address shortcomings in existing legislation, much of which, having been developed over past decades, has either become outdated or contains fundamental flaws. The minister has highlighted the sheer magnitude of the task, noting that approximately 980 laws require amendment to align with contemporary needs and standards.
Amid this sweeping legal overhaul, a major concern for the public is the potential impact of these changes. Specifically, there is considerable hope that amendments, particularly those affecting personal rights or resulting in financial losses, will not be applied retroactively. This sentiment reflects the fundamental legal principle of non-retroactivity, which holds that laws should govern only future events to protect legally acquired rights. Applying a law retroactively can cause significant harm by undermining established rights and interests, including those secured through irrevocable powers of attorney and other recognized social and commercial agreements. Such rights should be relinquished only by the individual’s choice, not invalidated by new legislation. The fundamental legislative principle, recognized worldwide, is that the law must not harm individuals or their interests.
Retroactive application violates this principle, causing significant damage to both society and the business community. Consequently, it is essential to correct this legal flaw. Any correction, however, must be carried out without disrupting societal norms or creating new harm. In this context, many have pointed to the potential infringement of rights resulting from certain amendments.
However, the Minister of Justice emphasizes that the true measure lies in implementation. If any flaw is identified during implementation, the ministry will take steps to correct it. This is what His Excellency the Minister is taking into consideration. This assurance must be reinforced through action, ensuring that no loopholes remain that could be exploited to deprive individuals of their rights or obstruct access to justice, particularly in the business sector and related agreements.
Such agreements can lead to substantial losses if undermined by inappropriate amendments or changes made for reasons unrelated to the public interest. Therefore, it is important to ensure that amendments not only avoid causing harm but also support investors and businesspeople in their efforts to enhance national productivity. In this regard, anyone who raises questions with the Minister of Justice will find that the ministry, its advisors, and the relevant team are actively addressing shortcomings and working to correct them, with implementation monitored at the highest levels. The aim is genuine improvement, building on positive aspects of the existing system.
Despite these efforts, the pressing issue is that no amendments should be applied retroactively. As previously noted, retroactive amendments could cause significant losses for the people, further worsening the economic problems the country faces due to international developments.
What is needed is to offer meaningful support and protect the national economy through modern, effective legislation. When the cause of potential harm is clear, it reflects the presence of a wise minister who understands the proper application of laws.
Indeed, the task facing the Minister of Justice Nasser Al-Sumait is both significant and challenging. Given his extensive legal background and experience in various roles, particularly in commerce and related sectors, it is clear that the complexity of these matters is a primary concern for him. As a result, there is strong public hope that he will prevent any retroactive amendments that could cause harm.
People are instead eagerly anticipating substantial positive changes in the near future, particularly the removal of obstacles created by previous decisions from certain ministries and agencies that have negatively impacted commercial and industrial activity. This expectation is reinforced by the minister’s repeated assurances that any legal amendments will be implemented carefully to avoid adverse effects or harm.
