Kuwait Court of Cassation principle number 1257

Issuance of a judgment by the Constitutional Court declaring unconstitutional the last paragraph of Article (5) of Law 5 of 2007 insofar as it provides that a person is deemed to have resigned from his leadership position on any board of directors of sports bodies if he combines work in that position with membership of the board of directors on any of those bodies’ boards of directors. Its import: a declaration invalidating the legislative provision, removing it, terminating its force and effect, and treating it as though it had never existed. Courts must refrain from applying the provision declared unconstitutional to the subject of the dispute before them. The challenged judgment’s departure from this view renders it defective and necessitates its cassation.