Kuwait Court of Cassation principle number 426

An administrative decision is issued by the administrative authority either under discretionary power or where its power in that regard is circumscribed. A decision issued under circumscribed power. Is not an administrative decision creating a legal position, but merely an implementing decision declaring the right that the individual derives directly from the law; no defect of misuse of power arises in relation to it, but rather a defect of violation of the law. Basis thereof. Judicial oversight in this regard. Its manner. - Examination of the facts upon which the administrative decision was based to verify its conformity with the law. A right of the administrative judiciary.