Cassation principles Administrative Law
Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,339 available principles
Search this collection- ما لا يُعد قراراً إدارياً
Principle 169Decisions transferring civil servants. They fall outside the jurisdiction of the Administrative Circuit so long as they do not incorporate a decision on a matter within that Circuit's jurisdiction. The reason for this. TAdministrative Law · Source page 53- Principle 170Applications by members of the judiciary and the Public Prosecution concerning any matter relating to their official service. The condition for their admissibility before the Administrative Circuit of the Court of CassatAdministrative Law · Source page 53
- Principle 171The administrative authority is not on an equal footing with individuals in expressing freedom of will in concluding administrative contracts. The rationale. In doing so, it is bound to follow procedures and formalities Administrative Law · Source page 54
- Principle 173Cooperative societies. Are established by natural or legal persons for a specified or unspecified term. Societies may be established with membership restricted to a group of citizens sharing common circumstances accordinAdministrative Law · Source page 54
- Principle 174State-owned industrial plots. They are not considered public property because they lack the element of allocation for public benefit; rather, they form part of the State’s private property. Contracts concluded by the StaAdministrative Law · Source page 55
- Principle 175The exclusive jurisdiction of the Administrative Circuit of the Court of First Instance to hear administrative disputes, including applications submitted by individuals or bodies for annulment of final administrative decAdministrative Law · Source page 55
- Principle 176What the Lawyers’ Disciplinary Council issues against a lawyer brought before it. A judgment, not an administrative decision. The reason: the legislature conferred upon it the nature and characteristics of a judgment by Administrative Law · Source page 55
- التمييز بين القرار الإداري وأعمال السيادة
Principle 177Employment contract. Its nature. - The provisions of administrative contracts concluded between the administrative authority and non-Kuwaiti employees are the primary basis for determining their statuses. Legal and regulAdministrative Law · Source page 55- Principle 178The State’s right to take the measures necessary to safeguard its supreme interests and ensure its safety. Derived from international law. Consequence. It may deport undesirable foreigners or prevent their recruitment toAdministrative Law · Source page 56
- Principle 179Courts may not examine acts of sovereignty. The basis thereof. - The meaning of acts of sovereignty. An example.Administrative Law · Source page 56
- Principle 180Matters of nationality in the State of Kuwait. They are considered acts of sovereignty issued by the government in its capacity as a governing authority. Implication thereof. They fall outside the jurisdiction of the couAdministrative Law · Source page 56
- Principle 181The specific determination of acts of sovereignty which the courts lack jurisdiction to hear. Their nature. Left to the judiciary. - Acts of sovereignty emanate from the government in its capacity as a governing authoritAdministrative Law · Source page 56
- Principle 182Acts of sovereignty that courts are prohibited from hearing. The legislature's failure to define or specify them. Its implication is that courts may determine the legal characterization of an act issued by the GovernmentAdministrative Law · Source page 56
- Principle 183Acts of sovereignty. Courts may not hear them. Article 2 of the Judicial Organization Law 23 of 1990, as amended. - Acts of sovereignty. Their meaning. Acts emanating from the government in its capacity as a governing auAdministrative Law · Source page 57
- Principle 184The legislature’s failure to provide a definition or specification of acts of sovereignty which courts are prohibited from considering. Its implication: leaving their determination to the judiciary, contenting itself witAdministrative Law · Source page 57
- Principle 185Nationality by blood attached to birth, to which everyone born to a Kuwaiti father is entitled without the need for a decision to that effect from the administrative authority or any other procedure. Its condition. - 57 Administrative Law · Source page 57
- Principle 186Everyone born in Kuwait or abroad to a Kuwaiti father is Kuwaiti. Nationality attaches to the fact of birth without the need for a decision to that effect by the administrative authority or any other procedure, once the Administrative Law · Source page 58
- التمييز بين القرار الإداري والأعمال الإدارية
Principle 187The courts possess general jurisdiction to hear and determine all disputes. Their jurisdiction extends to everything relating to the administration of justice and equity. The jurisdiction of the courts is not restricted Administrative Law · Source page 58- Principle 188The administrative decision. Its nature and what distinguishes it from acts of the administration that fall outside the jurisdiction of the Administrative Circuit.Administrative Law · Source page 59
- Principle 189Public markets allocated for public benefit. Their occupation is in return for a fee, not rent, and pursuant to temporary licenses that are not binding upon the licensing authority, which may cancel or revoke them beforeAdministrative Law · Source page 59
- Principle 190Acts of sovereignty. The elements distinguishing them from ordinary administrative acts. Their nature. - A worker’s request to transfer his sponsorship to another sponsor because the employment relationship between him aAdministrative Law · Source page 59
- القرار الإداري والعمل المادي
Principle 194The administrative decision. Its definition and what distinguishes it from a material act. Material acts fall outside the jurisdiction of the Administrative Circuit. An example of what does not constitute an administratiAdministrative Law · Source page 60- Principle 195The administrative decision. Its nature. It is distinguished from a material act in that it must be preceded or accompanied by an intention to bring about a particular legal position, whereas a material act is always a mAdministrative Law · Source page 60
- Principle 196Disputes relating to entitlement to salaries or benefits prescribed by laws. Their nature: claims for adjustment of entitlements originating in the law. They are not subject to the time limit prescribed for challenging aAdministrative Law · Source page 60
- Principle 197Administrative decision. Its definition and what distinguishes it from a material act. - 60 - AdministrativeAdministrative Law · Source page 60
- Principle 198The administrative decision and the material act. The nature of each and the criterion for distinguishing between them. - The material act. Its exclusion from the jurisdiction of the Administrative Circuit.Administrative Law · Source page 61
- سبب القرار الإداري والباعث عليه
Principle 201The administration's assessment of the appropriateness of issuing its administrative decision does not preclude the requirement that its motive be pursuit of a public interest; otherwise, it is tainted by abuse of power.Administrative Law · Source page 61- Principle 203The motive for an administrative decision must be the pursuit of the public interest; otherwise, it is tainted by the defect of abuse of power. The defect is not presumed. Evidence of it must be adduced. Assessment of whAdministrative Law · Source page 62
- Principle 205The grounds of an administrative decision. Their nature. - The administration is not obliged to state the reasons for its decisions except where the law requires it to do so. The decision must be founded on its grounds uAdministrative Law · Source page 62
- Principle 207Allowing Kuwaiti specialist physicians to open private clinics to work therein outside official working hours. This may only be by authorization from the Minister of Health. The administrative authority independently detAdministrative Law · Source page 62
- Principle 209The administration is not required to give reasons for its decisions except where the law so prescribes. An unreasoned decision. Presumed to rest on its valid cause. Whoever alleges the contrary must establish proof.Administrative Law · Source page 63
- Principle 213Identifying the true nature of an administrative decision. Within the authority of the trial court. What matters is what the administrative authority actually intended by taking its decision, not the description contraryAdministrative Law · Source page 63
- Principle 214A shareholder in a shareholding company listed on the Kuwait Stock Exchange. His obligation to notify the Exchange and the company’s board of directors, by registered letter with acknowledgment of receipt, of every direcAdministrative Law · Source page 64
- Principle 215Constructing buildings or undertaking works, or expanding, raising, reinforcing, demolishing, or modifying them, or changing the features of any real property. Prohibited without a permit from the Municipality after satiAdministrative Law · Source page 64
- Principle 216The administrative decision. Must rest on a ground justifying it in fact and law. The nature of the ground. - The administrative authority is not obliged to give reasons for its decisions unless the law requires it to doAdministrative Law · Source page 65
- Principle 217The ground for a disciplinary decision in general. Its nature. - The competent disciplinary authority has the power to assess the gravity of the administrative wrongdoing and the appropriate sanction. Condition thereof. Administrative Law · Source page 65
- Principle 218The administrative decision. It must rest upon a ground justifying it in fact and in law. The ground of an administrative decision. Its nature. - The administrative judiciary may review the legality of the ground upon whAdministrative Law · Source page 65
- Principle 219The court of merits may examine and assess the facts on which the administrative decision was based to ascertain the extent of its conformity with the law. It has the power to adopt the conclusions of the expert report sAdministrative Law · Source page 65
- Principle 220The ground for a disciplinary decision is the employee's breach of the duties of his position by act or omission. - A disciplinary decision must rest on a ground justifying it. The administrative judiciary may review theAdministrative Law · Source page 66
- Principle 221Performance appraisal report. Reasons need not be given for it except when the employee’s performance is rated poor or excellent, stating the reasons for the assessment. - The administration is not obliged to give reasonAdministrative Law · Source page 66
- Principle 222The granting of a passport is inseparably linked to Kuwaiti nationality and is a right of everyone whose possession of that nationality is established. The administrative authority may not deprive him of it without a jusAdministrative Law · Source page 66
- Principle 223The administrative authority may refer an employee to retirement whenever he would be entitled to a retirement pension if his service were terminated by resignation at the time of such referral. The condition for this: tAdministrative Law · Source page 66
- الاختصاص بإصدار القرار الإداري
Principle 224An administrative decision. It must rest on a valid ground that genuinely and truly justifies it. The nature of that ground. - The validity of an administrative decision is determined by the grounds on which it rests andAdministrative Law · Source page 66- Principle 225Appointment to a public position. Its condition. Obtaining the qualification required to hold it and consistent with its nature. The Civil Service Council determines the levels of academic qualifications necessary for apAdministrative Law · Source page 67
- التفويض في إصدار القرار الإداري
Principle 226The competence of fact-recording committees to record the circumstances of incidents causing damage to public utilities, property and wealth resources, and to make a final assessment of the compensation due for the resulAdministrative Law · Source page 67- Principle 227Referral of holders of leadership and general positions for investigation may only be by a decision of the competent minister. Exercise of this competence by another. Impermissible except by his express delegation. - TheAdministrative Law · Source page 67
- الملاءمة التقديرية للإدارة في إصدارها للقرار الإداري
Principle 228Referral of employees occupying positions in the leadership and general positions groups for investigation is by a decision of the competent minister. The minister may entrust some of the powers conferred upon him under Administrative Law · Source page 68- Principle 229Review by the administrative judiciary in weighing administrative decisions. Its limit. Its lawfulness or otherwise, without going beyond that to weigh the expediency of the decision, which falls within the administrativAdministrative Law · Source page 68
- Principle 230A public employee's entitlement to any benefit is contingent on fulfillment of all conditions necessary for entitlement under the law and the decisions regulating it. The administrative authority may not grant the employAdministrative Law · Source page 68
- Principle 231Administrative judicial review in verifying the legality of the challenged decision. Its limit. It does not extend to weighing the appropriateness of the decision or matters falling within the discretionary assessment ofAdministrative Law · Source page