Kuwait Court of Cassation principle number 26

The nature of the Court of Cassation’s legal review of judgments of the court of 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. Reason therefor: this reflects the essence of its legal review of the correctness of applying legislative provisions to the facts found by the challenged judgment. - Issuance of a judgment by the Constitutional Court declaring unconstitutional the final paragraph of Article (5) of Law 5 of 2007 insofar as it deemed a person to have resigned from his leadership post on any of the boards of directors of sports bodies if he combined work in that post with membership of the board of directors on any of the boards of directors of those bodies. Its implication: declaring the legislative provision invalid and extinguished, terminating its enforceability and deeming it never to have 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 law:-