Kuwait Court of Cassation principle number 35

The nature of the Court of Cassation’s legal review of judgments of the court of fact does not in itself preclude applying the legal provisions in force when deciding the appeal before it to the facts established by the challenged judgment. Reason therefor: this reflects the essence of its legal review of the correctness of applying legislative provisions to the facts found by the challenged judgment. - Issuance of a judgment by the Constitutional Court declaring unconstitutional the final paragraph of Article (5) of Law 5 of 2007 insofar as it provided that a person is deemed to have resigned from his leadership position on any board of directors of sports bodies if he combines work in that position with membership of the board of directors on any of the boards of directors of those bodies. Its import: a declaration invalidating the legislative provision, removing it, terminating its enforceability, and treating it as if it had never existed. Courts must refrain from applying the provision declared unconstitutional to the subject matter of the dispute before them. The challenged judgment’s departure from this view renders it defective and requires its cassation. The applicable law in certain matters in civil service matters