Kuwait Court of Cassation principle number 1502

The general rule is that judicial judgments are declaratory, not constitutive. They introduce nothing new and do not create legal positions or situations that did not previously exist; they disclose the rule of law. - A judgment of unconstitutionality has retroactive effect as an inevitable consequence of its declaratory nature. An unconstitutional provision is not considered a legal obstacle or impediment preventing the right-holder from claiming his right. The reason: he could have pursued judicial proceedings and pleaded the unconstitutionality of that provision, in accordance with Article 166 of the Constitution, which guarantees the right of litigation.