Kuwait Court of Cassation principle number 1624

Review by the administrative judiciary when exercising its jurisdiction in annulment actions and monitoring the legality of the contested decision. It adjudges it, subjects its assessment to scrutiny, and weighs it justly in light of the correct facts and the truth of what its constituent elements were founded upon. Its ascertainment that the decision follows the proper course and stands correctly upon the established foundation of legality. Its siding with it, approving it, and confirming it upon its original validity. Its finding that one of its constituent elements is defective or that it exceeds the requirements of legality. Entailing its annulment and removal of its effects. Necessary consequence thereof: the court must examine and scrutinize the appellant's defences impugning the challenged decision and include in its ruling what indicates that it has exercised its assessment of the contested decision and subjected it to legality review. - The court of merits has authority to understand the decision in its true nature and ascertain the extent to which it rests upon a justifying ground, and the extent to which its constituent elements exist and its conditions of validity are complete. Condition thereof. Example. Of inadequacy in the judgment requiring its cassation in its entirety.