Kuwait Court of Cassation principle number 4

Judicial judgments. In principle, they are declaratory, not constitutive. They introduce nothing new and do not create legal positions or situations that did not previously exist. They merely reveal the rule of the Constitution or the law. Consequence thereof. - An unconstitutional provision is not a legal impediment or barrier preventing the right-holder from claiming his right. Effect thereof: his right to resort to judicial proceedings or plead the unconstitutionality of that provision, to claim his right on the basis of the constitutional rule that the right of litigation is guaranteed to all people. The challenged judgment's departure - 7 - Administrative - from this view and its treatment of the Council of Ministers' decision as a legal impediment preventing the right from being claimed. Vitiates it and requires its partial cassation.