Kuwait Court of Cassation principle number 19

Judgments rendered in constitutional actions. Their res judicata effect is absolute. Their effect extends to all, and all judicial bodies are bound by them, 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, 19 of the Decree on the Rules of the Constitutional Court. - A constitutional action. By its nature, an action in rem in which the dispute is directed against the legislative provision challenged on grounds of a constitutional defect. - 340 - Procedure - Judicial review of the constitutionality of laws. The Constitutional Court has exclusive jurisdiction over it. It extends to a ruling that the provision is unconstitutional, thereby abolishing its enforceability, or that it is constitutional and thus free from 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 the dispute from being raised anew.