Kuwait Court of Cassation principle number 1949

Judgments rendered in constitutional actions. Their binding authority is absolute. Their effect extends to everyone and binds all judicial bodies, whether they find the legislative provision unconstitutional or 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. An action 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. The Constitutional Court has exclusive jurisdiction over it. Its scope extends to a ruling that the provision is unconstitutional, thereby extinguishing its force and effect, or that it is constitutional and thus free of defects and grounds of invalidity. - 354 - Procedure - 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 binding authority is absolute and conclusively resolved the dispute over the constitutionality of this Law, precluding the dispute from being raised anew.