Kuwait Court of Cassation principle number 1799

The circumstances and conditions for cancellation of a newspaper’s licence, its suspension, or its refusal by administrative means, and designation of the authority competent to issue these decisions. Specified by the legislature. The consequence thereof. The Minister of Information may only suspend the newspaper for a period not exceeding three months and has no power to cancel its licence. - The rule of parallelism of competences, meaning that whoever has the power to issue an administrative decision has the power to cancel, withdraw, and amend it. The condition for its application. The absence from the legislation of a provision designating the authority competent to cancel, withdraw, or amend the decision. The reason therefor. - The law’s designation of the authority competent to cancel a licence to publish a newspaper or magazine by administrative means and its confinement to the Council of Ministers alone, to the exclusion of the Minister of Information. Its effect. The Minister of Information’s decision cancelling the licence is issued by an authority lacking the power to issue it and is therefore tainted by lack of competence and must be annulled. The judgment’s adherence thereto. No defect.