Kuwait Court of Cassation principle number 1766

2- Competence as one of the constituent elements of an administrative decision. Its nature. It means that it is issued by whoever has authority to issue it. Determining this is the task of the legislature. The decision must be issued by the authority designated by law to issue it; otherwise it is vitiated by lack of competence. The necessary consequence. The unlawfulness of the decision. The circumstances and conditions for revoking a newspaper's licence, suspending it, or refusing it by administrative means, and the designation of the authority competent to issue these decisions. Specified by the legislature. The consequence. The Minister of Information may only suspend the newspaper for a period not exceeding three months and has no authority to revoke its licence. The rule of parallelism of competences, meaning that whoever has authority to issue an administrative decision has authority to repeal, withdraw, and amend it. The prerequisite for its application. The absence from the legislation of a provision identifying the authority competent to repeal, withdraw, or amend the decision. The reason. The law's designation of the authority competent to revoke a licence to publish a newspaper or magazine by administrative means, restricting it to the Council of Ministers alone, to the exclusion of the Minister of Information. Its effect. The Minister of Information's decision revoking the licence is issued by an authority lacking the power to issue it and is therefore vitiated by lack of competence and must be annulled. The judgment's adherence to this. No defect. Sports clubs