Kuwait Court of Cassation principle number 442

The administrative authority’s expression of its will in performing its function. How effected. Either through decisions issued pursuant to discretionary authority conferred by law or pursuant to a bound authority under which it has no freedom of assessment; rather, the legislature imperatively prescribes the action it must take whenever the relevant objective criteria are satisfied. - Judicial review of decisions issued pursuant to the administration’s bound authority. Limited to verifying whether those decisions conform to the law and the effect thereof on the outcome reached by those decisions. - Judicial review of decisions issued pursuant to the administration’s discretionary authority. Its limit. Ascertaining that they were issued with a public-interest motive and are not tainted by misuse of power. This is an intentional defect that is not presumed, and the person alleging it bears the burden of proving it and furnishing evidence thereof. - Citizens’ rights and duties. The Constitution left their regulation to the law. - The Higher Medical Committee entrusted with treatment abroad, determining the patient’s health condition, and assessing whether it requires treatment abroad. Its decision is a matter of expediency left to its assessment without review, provided that the decision is free of misuse of power.