Kuwait Court of Cassation principle number 922

Judicial judgments are, in principle, declaratory, not constitutive. They introduce nothing new and create no positions or situations that did not previously exist they reveal the rule of law. - A judgment of unconstitutionality has retroactive effect as an inevitable consequence of its declaratory nature. An unconstitutional provision is not considered a legal obstacle or impediment preventing the right-holder from claiming his right. The reason therefor: he could have pursued judicial proceedings and pleaded the unconstitutionality of that provision in accordance with Article 166 of the Constitution, which guarantees the right to litigate.