Kuwait Court of Cassation principle number 21

The nature of the Court of Cassation’s legal review of judgments of the court of the merits does not in itself preclude applying the legal provisions in force when deciding the appeal before it to the facts ascertained by the challenged judgment. The reason: this reflects the essence of its legal review of the correctness of applying legislative provisions to the facts established by the challenged judgment. - Issuance of a judgment by the Constitutional Court declaring unconstitutional the last paragraph of Article (5) of Law 5 of 2007 insofar as it deemed a person to have resigned from his leadership position on any board of directors of sports bodies if he combined work in that position with membership of the board of directors on any of those bodies’ boards of directors. Its implication: declaring the legislative provision invalid, its cessation, termination of its enforceability, and treating it as though it had never existed. Courts must refrain from applying the provision declared unconstitutional to the subject matter of the dispute before them. The challenged judgment’s departure from this view renders it defective and requires its cassation. The binding force of the law: