Kuwait Court of Cassation principle number 1354

The exclusive jurisdiction of the Administrative Circuit of the Court of First Instance to hear disputes concerning administrative decisions, whether individual or regulatory, where the challenge to them is based on a defect of lack of competence or form, violation of the law, error in its application, or abuse of power. - The jurisdiction of the Constitutional Court. Relates to adjudicating the constitutionality of laws and regulations where the basis of the challenge is contravention of an existing constitutional provision or departure from the spirit and import of that provision. Its jurisdiction does not extend to adjudicating the legality of regulations and whether they conflict with an existing legislative provision. The reason for this. - A challenge seeking annulment of general regulatory decisions does not raise a constitutional issue so long as the basis of the challenge concerns one of the defects of illegality affecting an administrative decision. - 390 - Administrative