Kuwait Court of Cassation principle number 187

The courts possess general jurisdiction to hear and determine all disputes. Their jurisdiction extends to everything relating to the administration of justice and equity. The jurisdiction of the courts is not restricted except within the limits and to the extent prescribed by an express provision. The court of merits may examine every case brought before it and determine the legal characterization of the act submitted to it and whether it constitutes an administrative act within its jurisdiction or an act of sovereignty which it is precluded from considering. The reason: the legislature did not intend to restrict the courts in any way in identifying acts of sovereignty pursuant to Article 2 of Law 23 of 1990. The court’s characterization is subject to review by the Court of Cassation. - Acts of sovereignty extend only to acts connected with the State’s high policy or measures taken by the Government as a governing authority within the limits of its political function. Acts it undertakes as an administrative authority within the limits of its administrative powers and in the framework of its administrative function in implementation of laws. This characterization does not apply to them. The effect thereof. An example concerning a claim for financial entitlements for a period of service. - 58 - Administrative - Distinguishing between an administrative decision and administrative acts:-