Kuwait Court of Cassation principle number 1250

Judgments issued in constitutional proceedings. Their res judicata effect is absolute. Their effect extends to all and binds all judicial bodies, whether they conclude that the legislative provision is unconstitutional or that it is constitutional and dismiss the action on that basis. Article 1 of Law 14 of 1973, Article 19 of the Decree concerning the Constitutional Court Regulations. - Constitutional proceedings. Proceedings in rem by nature, in which the dispute is directed against the legislative provision challenged for a constitutional defect. - Judicial review of the constitutionality of laws. Within the exclusive jurisdiction of the Constitutional Court. It extends to a ruling that the provision is unconstitutional, thereby abrogating its enforceability, or that it is constitutional and therefore free of defects and grounds of invalidity. - The Constitutional Court’s previous ruling rejecting the plea of unconstitutionality of Law No. 41 of 1993 concerning the State’s purchase of certain debts and the manner of their collection. Its absolute res judicata effect conclusively resolved the dispute concerning the constitutionality of this Law, precluding its resubmission anew. - 612 - Civil Procedure