المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Administrative Law

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,339 available principles

Search this collection
  1. Principle 1The Constitution guarantees means of artistic expression of ideas in accordance with the conditions and arrangements prescribed by law. Artistic expert opinion must be sought when the court reviews the legality of adminiAdministrative Law · Source page 7
  2. Principle 2The jurisdiction of the Constitutional Court. Relates to determining the constitutionality of laws and regulations whenever the challenge is based on violation of an existing constitutional provision or departure from thAdministrative Law · Source page 7
  3. Principle 3The issuance of a judgment by the Constitutional Court declaring unconstitutional the final paragraph of Article (5) of Law 5 of 2007 insofar as it provided that a person is deemed to have resigned from his leadership poAdministrative Law · Source page 7
  4. Principle 4Judicial judgments. In principle, they are declaratory, not constitutive. They introduce nothing new and do not create legal positions or situations that did not previously exist. They merely reveal the rule of the ConstAdministrative Law · Source page 7

  5. سريان القانون بأثر رجعي

    Principle 5Referral of disputes to the Constitutional Court. Its means. Article 4 of Law 14 of 1973 establishing the Constitutional Court. - Courts’ rulings that a plea in a dispute concerning the unconstitutionality of laws, decreAdministrative Law · Source page 8
  6. Principle 6Final administrative decisions. Opening them to challenge by annulment. Law 61/82. Confined to those issued after this Law. Decisions issued before it are immune from challenge.Administrative Law · Source page 8
  7. Principle 7Vested rights. They may be impaired only by a law expressly providing for retroactive effect. This is not altered by those rights deriving from regulatory or individual administrative decisions. - Administrative decisionAdministrative Law · Source page 8
  8. Principle 8Establishment of a matter at the present time based on its establishment at an earlier time. Its implication. The continuation and persistence of that matter throughout the subsequent period. Its condition. That no changAdministrative Law · Source page 8
  9. Principle 9The new law. The general rule is that it does not apply to the past, but applies from its effective date to legal positions arising after its entry into force and to future effects arising from previous legal positions. Administrative Law · Source page 9

  10. علاقة القانون الدولي العام بالقانون الإداري

    Principle 10The provisions of laws and regulatory decisions having equivalent status apply only to facts and legal positions arising during the period from their effective date until their repeal. They do not apply retroactively to Administrative Law · Source page 9
  11. Principle 11The provisions of Law 47 of 1993 concerning housing welfare. Must be applied and are not detracted from by the issuance of the Universal Declaration of Human Rights, including its rights specific to women. - The ConventiAdministrative Law · Source page 10

  12. أثر العلم بالقانون

    Principle 12Kuwait’s accession to the Agreement Establishing the World Trade Organization (GATT) by Law No. 81 of 1995 and to the Convention of the World Intellectual Property Organization by Law No. 2 of 1998. Consequence. The provAdministrative Law · Source page 10
  13. Principle 13The laws and regulations under which contracts with employees are concluded. Everyone is presumed to know them. The effect thereof. Their incorporation into their appointment contracts.Administrative Law · Source page 10

  14. تفسير القانون

    Principle 14The laws and regulations under which contracting takes place. Everyone's knowledge thereof is presumed. The effect thereof is their treatment as terms of the contract. - 10 - Administrative 4- Interpretation of the law:Administrative Law · Source page 10
  15. Principle 15Clarity of the wording of a provision. Its effect. It is impermissible to adopt anything contrary to it or to restrict it. - The decision suspending payment of the representation allowance prescribed for Kuwaiti employeeAdministrative Law · Source page 11
  16. Principle 16Clarity of the wording of the provision. Its effect. It is impermissible to adopt anything contrary to it or to restrict it. Reason: no rule differing from the legislator's intention may be introduced through interpretatAdministrative Law · Source page 11
  17. Principle 17Establishment of a matter at the present time on the basis of its having been established at an earlier time. Its implication. That matter accompanies and persists throughout the subsequent period. Its condition. No chanAdministrative Law · Source page 11
  18. Principle 18Clarity of the wording of the provision. Its effect. It is impermissible to adopt what contradicts it or to restrict it. The reason therefor. Not introducing a rule different from the legislature’s intent. - 11 - AdminisAdministrative Law · Source page 11
  19. Principle 19The right of recourse to the judiciary. Established for all people in defense of their rights. The courts possess jurisdiction to determine all disputes. The exception. The Constitution or the law conferring jurisdictionAdministrative Law · Source page 12
  20. Principle 20A provision whose meaning is clear. It is impermissible to adopt anything contrary to it or restrict it. - Auditor. He may not chair the board of directors of a joint-stock company or be its managing director, a member oAdministrative Law · Source page 12
  21. Principle 21The content of a provision. It is not limited to the meaning indicated by its words and phrases in themselves. It includes the meaning derived from its spirit and purport through its indication and implication. - VehicleAdministrative Law · Source page 12
  22. Principle 22The jurisdiction of the Administrative Circuit of the Court of First Instance and, thereafter, of the designated circuit of the Court of Appeal to hear appeals against its judgments. Arises only where the dispute presentAdministrative Law · Source page 13
  23. Principle 23The judge’s obligation to refer to the legal provision applicable to the facts of the dispute in the action. He must adhere to the wording and limits of the provision. Clarity of its meaning. It is impermissible to adoptAdministrative Law · Source page 13
  24. Principle 24A clear, express provision of conclusive meaning. There is no room to depart from it or construe it on the pretext of the rationale that prompted it and the legislature's intention therein concerning deeming an action asAdministrative Law · Source page 13
  25. Principle 25A statutory provision. Where it is general, explicit, and conclusive in indicating its intended meaning. There is no scope for restricting it or - 13 - Administrative narrowing its scope or construing it. The reason: avoAdministrative Law · Source page 13
  26. Principle 26The judge must refer to the statutory provision and apply it to the facts of the case within the bounds of its wording. It is impermissible to adopt anything contrary to that wording or to restrict it where it is clear. Administrative Law · Source page 14
  27. Principle 27The wording of the legal provision applicable to the facts of the action. The judge must apply it if its meaning is clear. He may not adopt anything contrary to it or restrictive of it. The reason for this. So as not to Administrative Law · Source page 14

  28. إلغاء القانون ونسخه وتعديله

    Principle 28Employment allowances and benefits. Their connection with occupying the posts listed in the salary schedule and funded from the general budget and actually performing their duties. - Nature-of-work allowance. EntitlementAdministrative Law · Source page 15
  29. Principle 29The Administrative Circuit has jurisdiction over actions for compensation for defective administrative decisions, even if brought independently rather than ancillary to an annulment action. - Law No. 61 of 1982 amending Administrative Law · Source page 15
  30. Principle 30The Social Insurance Institution. The requirement to submit a written claim to it and to lodge a grievance against its decision concerning rights prescribed by the Social Insurance Law before bringing an action before thAdministrative Law · Source page 15
  31. Principle 32Repeal of legislation. May be express or implied. - Appointment to posts in the Fatwa and Legislation Department by decision of the Supreme Council upon nomination by the Government's legal expert. Article 10 of Law 12 oAdministrative Law · Source page 16

  32. القوة الملزمة للقانون

    Principle 33Legislation is repealed expressly or by implication. In the second case, repeal occurs only to the extent of the conflict between the old rules and the new rules. An example of a ministerial delegation that does not confAdministrative Law · Source page 16

  33. أثر الحكم بعدم دستوريته

    Principle 34The obligation to adhere to the legislative text and refrain from contravening it, and to give precedence to higher-ranking legislation over lower-ranking legislation in the event of conflict between them, applying the hAdministrative Law · Source page 16

  34. في مسائل الخدمة المدنية

    Principle 35The nature of the Court of Cassation’s legal review of judgments of the court of fact does not in itself preclude applying the legal provisions in force when deciding the appeal before it to the facts established by the Administrative Law · Source page 17
  35. Principle 36The Civil Service Law is the general law regulating the rules of service in the State. Its application extends to administrative entities whose service affairs are regulated by special laws in matters for which no speciaAdministrative Law · Source page 17
  36. Principle 37Civil Service Council Decision No. 2/1981. Contracts in force on its effective date are subject to the amendment contained therein, even if it is not stipulated in the renewed contract. The reason for this.Administrative Law · Source page 17
  37. Principle 38An employee's absence from work pursuant to Article 81 of the Civil Service Regulations. Its effect. His lack of entitlement to any salaries, allowances, or employment benefits during the period of absence. Consequence. Administrative Law · Source page 17
  38. Principle 39The decision accepting resignation. By whom it is issued if the employee occupies a post in the leadership positions group. And by whom in relation to other positions. Article 6/2 of the Civil Service Law and its legislaAdministrative Law · Source page 18
  39. Principle 40The unit of time by which an employee's efficiency is measured when preparing the employee's efficiency report means the Gregorian year, which begins in January and ends upon the expiry of December.Administrative Law · Source page 18
  40. Principle 41A decision referring an employee to retirement. Its condition. That he would be entitled to a retirement pension if his service ended by resignation at the time of this referral. Absence of this condition. Its effect. ThAdministrative Law · Source page 18
  41. Principle 42Appointment to permanent government posts pursuant to the three contracts annexed to the Civil Service Council decision. Application of the first of them was suspended after liberation. The person authorized to sign the Administrative Law · Source page 18
  42. Principle 43The appointment of non-Kuwaitis to posts may only be temporary and by contract. The provisions of the Civil Service Law and the Civil Service Regulations apply to them in matters for which no special provision is made inAdministrative Law · Source page 18
  43. Principle 45The Civil Service Council alone is competent to issue interpretations binding upon government entities concerning civil service legislation and the allocation of government housing to employees. Consequence thereof.Administrative Law · Source page 19
  44. Principle 46Army conscripts employed in State ministries and departments. During their conscription, they are regarded as army personnel whose affairs are governed by the laws and decisions relating to the army, rather than the CiviAdministrative Law · Source page 19
  45. Principle 47The Civil Service Council decision issued in the minutes of meeting 4 dated 14/8/1991 abolishing the government housing system and granting a housing allowance in its stead. Its implication: this allowance became a rightAdministrative Law · Source page 19
  46. Principle 48A non-Kuwaiti employee may be appointed only on a temporary basis and solely by contract. Consequence: in his employment relationship with the entity for which he works, he is subject to the terms and provisions containeAdministrative Law · Source page 19
  47. Principle 49The employee’s relationship with the Government. Its nature: statutory. The effect thereof: his enjoyment of the benefits of public office is not a right measured by analogy with private rights. Its subjection to the reqAdministrative Law · Source page 19
  48. Principle 50Non-Kuwaitis occupy positions on a temporary and contractual basis. The Civil Service Law applies to them in matters for which no special provision appears in the contracts concluded with them.Administrative Law · Source page 20
  49. Principle 51The Civil Service Council defined the scope of those entitled to the housing allowance as holders of the first through fourth grades and excluded from this scope those beyond that, including holders of the fifth grade.Administrative Law · Source page 20
  50. Principle 52An employee's service terminates by operation of law when he is sentenced to a penalty restricting liberty for a felony or an offence involving dishonour or dishonesty.Administrative Law · Source page 20
Page 1 of 27Next