المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Administrative Law

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,339 available principles

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  1. - تعريف القرار الإداري وأركانه وشروطه

    Principle 112Information and proposals exchanged among administrative authorities are steps in issuing an administrative decision and do not in themselves produce legal effects. - Administrative decision. Its meaning. - 40 - AdministAdministrative Law · Source page 40
  2. Principle 113An affirmative administrative decision. Its nature. May be express or implied. - A negative administrative decision. Its nature.Administrative Law · Source page 41
  3. Principle 114The administrative decision. Its definition and the motive for it. - Establishing that an administrative decision violates laws and regulations or errs in their interpretation or application is sufficient to establish itAdministrative Law · Source page 41
  4. Principle 116The administrative decision. Its definition. Its effectiveness. The administration is not obliged to state reasons for its decision unless the law requires it to do so. Consequence thereof. Stating reasons becomes a formAdministrative Law · Source page 41
  5. Principle 117An administrative decision must be based on a ground that justifies it. The ground. Its definition. The administration's statement of a ground for the decision. Its subjection to judicial review. Departure from the contrAdministrative Law · Source page 41
  6. Principle 118The constituent elements of an administrative decision. Their nature. The absence of one of its constituent elements entails stripping it of its character as an administrative decision and treating it as a material act wAdministrative Law · Source page 41
  7. Principle 119An administrative decision must be founded on its grounds as an element thereof. - The element of grounds in an administrative decision. Its nature.Administrative Law · Source page 41
  8. Principle 121What matters in characterising an administrative decision is its substance and meaning, its description and structure. - The integrated decision. Its nature. Permissibility of challenging it independently. Example.Administrative Law · Source page 42
  9. Principle 123The court of merits may give an administrative decision its legal characterization. - Administrative decision. Its definition.Administrative Law · Source page 42
  10. Principle 124The administrative decision. Its definition. Its five elements are competence, form, purpose, grounds, and subject matter. Absence of one of these elements. Its effect. It is stripped of its character as an administrativAdministrative Law · Source page 42
  11. Principle 125An administrative decision is the administrative authority’s expression of its binding will in the form required by law, by virtue of its authority derived from laws and regulations, with the intention of producing a legAdministrative Law · Source page 42
  12. Principle 126An administrative decision. Its nature. Example concerning the administration's express decision rejecting an application to benefit from a privilege or licence.Administrative Law · Source page 42
  13. Principle 127An administrative decision. Its nature. What is relied upon in ascertaining the administration's will is its outward declaration. The administration may not contend that its expression does not correspond to its true wilAdministrative Law · Source page 42
  14. Principle 128The administrative decision. Its nature. - The motive for the administrative decision. A public interest. - The administrative decision. When it is invalid. - The grounds of the administrative decision. Their nature. - TAdministrative Law · Source page 43
  15. Principle 129The administrative decision. Must be based on a ground justifying it. The nature of the ground. Its subjection to judicial review. Example of a defective decision.Administrative Law · Source page 43
  16. Principle 130An administrative decision. Its nature. Its soundness is presumed and it is construed as valid unless evidence to the contrary is established. - The administration is not required to give reasons for its decision. An unrAdministrative Law · Source page 43
  17. Principle 133Subject-matter jurisdiction. Its determination. What matters is the relief sought by the claimant in his action. - The administrative decision disputes concerning which the Administrative Circuit of the Court of First InAdministrative Law · Source page 43
  18. Principle 134Enumeration of foreign workers and regulation of their immigration and employment. How effected: their registration and issuance of work cards to them by the Ministry of Social Affairs and Labor, which has the right to cAdministrative Law · Source page 44
  19. Principle 135An administrative decision is the administration’s expression of its binding will, by virtue of its authority under laws and regulations, with the intention of creating a particular legal status, where this is possible aAdministrative Law · Source page 44
  20. Principle 136An administrative decision is one by which the administration expresses its binding will through its authority under laws and regulations, intending to produce a specific legal effect whenever that is possible and legallAdministrative Law · Source page 44
  21. Principle 137The administrative authority's expression of its will. Its manner. - A negative administrative decision. Its nature and the time limit for challenging it by annulment.Administrative Law · Source page 44
  22. Principle 138Positive and negative administrative decisions. The nature of each. - Advertising public posts does not create a legal status in them for applicants. The reason: this status arises only by an appointment decision, and reAdministrative Law · Source page 44
  23. Principle 139The legal characterization of an administrative decision. What matters therein. Its substance and meaning, not its wording. And its basis. It must rest upon a cause justifying it in legal reality as one of the elements oAdministrative Law · Source page 44
  24. Principle 140The constituent elements of an administrative decision necessary for its validity. Their nature and the effect resulting from a defect in any of them. - Non-existence of an administrative decision. When it occurs and wheAdministrative Law · Source page 45
  25. Principle 141Administrative decision. Its nature: the administrative authority’s expression, in the form required by law, of its binding will to produce a particular legal effect that is possible and legally permissible, in pursuit oAdministrative Law · Source page 45
  26. Principle 142The administrative decision issued by the administrative authority. The instrument expressing its will based on its discretionary power. Its being bound, in issuing it, by mandatory rules requiring it to take the decisioAdministrative Law · Source page 45
  27. Principle 143Decisions issued by the administrative authority to express its will in performing its function. They are issued either pursuant to discretionary power or bound power involving no freedom of assessment; rather, the actioAdministrative Law · Source page 45
  28. Principle 144An administrative decision is that by which the administration expresses its binding will, by virtue of its authority, to produce a particular legal effect, whenever this is possible and legally permissible and is motivaAdministrative Law · Source page 46
  29. Principle 145The administrative authority’s refusal to take a decision required by a law or regulation. Deemed an administrative decision. Its silence concerning a decision which the law leaves entirely to its discretion. Not deemed Administrative Law · Source page 46
  30. Principle 146Acts of sovereignty which courts are prohibited from examining. The legislature's failure to define or specify them. Its implication. Courts may determine the legal characterization of an act emanating from the GovernmenAdministrative Law · Source page 46
  31. Principle 147Decisions issued by an administrative authority. They are not necessarily administrative decisions whose annulment falls within the exclusive jurisdiction of the Administrative Circuit of the Court of First Instance. TheAdministrative Law · Source page 47
  32. Principle 148The legislature's requirement that an individual decision be published in the Official Gazette. This is not an element of that decision, and the judge may take it into account if any litigant adduces evidence of it. The Administrative Law · Source page 47
  33. Principle 149The administrative decision. Its nature. That by which the administration expresses its binding will through its authority under laws and regulations, with the intention of producing a particular legal effect whenever leAdministrative Law · Source page 47
  34. Principle 150Assessment of the lawfulness of the ground on which an administrative decision was based. What matters is consideration of the true ground on which it was issued. - An error by the administration in stating the ground foAdministrative Law · Source page 47
  35. Principle 151Competence as one of the elements of an administrative decision. Its nature. That it be issued by whoever has the power to issue it. Determination thereof is the legislature's task. The decision must be issued by the bodAdministrative Law · Source page 48
  36. Principle 152An administrative decision is the administration’s expression of its will inherent in producing a particular legal effect that is possible and permissible, in pursuit of a public interest. - Characterization of a decisioAdministrative Law · Source page 48
  37. Principle 153Expression by the administrative authority of its will. How effected. Either through decisions it issues on the basis of discretionary authority conferred by law or on the basis of a bound authority in which it has no frAdministrative Law · Source page 49
  38. Principle 154The administrative decision falling within the jurisdiction of the Administrative Circuit of the Court of First Instance. Its nature.Administrative Law · Source page 49
  39. Principle 156The administrative decision over applications for whose annulment or compensation the Administrative Circuit of the Court of First Instance has exclusive jurisdiction. Its nature. - The mere issuance of a decision by an Administrative Law · Source page 49
  40. Principle 157The administrative decision. Its nature. - The trial judge has authority to give the decision its correct characterization and determine the extent to which it satisfies the elements of an administrative decision, providAdministrative Law · Source page 50

  41. - ما لا يُعد قراراً إدارياً

    Principle 158The administrative decision: an act by which the administrative authority expresses its binding will pursuant to its powers under laws, decisions, and regulations, with the intention of producing a particular legal effecAdministrative Law · Source page 50
  42. Principle 159What does not rise to the level of an administrative decision. Information and proposals exchanged between entities in preparation for its issuance.Administrative Law · Source page 51
  43. Principle 160A decision implementing an administrative contract. A dispute concerning it. Does not fall within annulment jurisdiction but within full jurisdiction. - Contracts concluded between the administration and non-Kuwaiti emplAdministrative Law · Source page 51
  44. Principle 161The administration's refusal to take a decision that a law or regulation requires it to take. It is deemed equivalent to an administrative decision. Its silence concerning the taking of a decision which the law leaves enAdministrative Law · Source page 51
  45. Principle 162The ministerial decision increasing the consideration for use of industrial plots is not an administrative decision. It has no immunity precluding judicial review.Administrative Law · Source page 51
  46. Principle 163The opinion of the Supreme Judicial Council on matters concerning members of the judiciary and the Public Prosecution on which the Minister seeks its advice. It is not binding on the Minister and does not affect their emAdministrative Law · Source page 51
  47. Principle 164Decisions of the Lawyers' Disciplinary Council. Considered judgments, not administrative decisions. The reason for this. - The Public Prosecution's power to institute disciplinary proceedings. Its scope.Administrative Law · Source page 52
  48. Principle 166The Commercial Companies Law and its amendments contain no provision making the convening of the general assembly of a shareholding company conditional upon the Central Bank expressing its opinion on its balance sheet. TAdministrative Law · Source page 52
  49. Principle 167The bank administering indebtedness subject to Law 41 of 1993. The assets under its administration. Transfer of their ownership to the State as private ownership. Its decisions concerning them. Are not administrative decAdministrative Law · Source page 52
  50. Principle 168Misdemeanor cases. Competence to conduct investigations, dispose of cases and prosecute therein. Vested in investigators in the Police and Public Security Department. Felony cases. The Public Prosecution has jurisdictionAdministrative Law · Source page
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