Kuwait Court of Cassation principle number 2161

Annulment jurisdiction is fundamentally a jurisdiction of legality. - Review by the administrative judiciary, when exercising its jurisdiction in annulment actions and reviewing the legality of the contested decision. It adjudges it, exercises its assessment, and balances its scales fairly in light of the true facts and the reality of what its constituent elements were based upon. Its ascertainment of the decision's proper course and its sound conformity with the established foundation of legality. Its siding with it, approving it, and affirming its original validity. Its discernment of a defect in one of its constituent elements or its exceeding the requirements of legality. Thereby entailing its annulment and removal of its effects. The necessary consequence: the court must address, investigate, and scrutinize the appellant's grounds of defense criticizing the challenged decision, and include in its judgment what indicates that it has exercised its assessment of the contested decision and subjected it to legality review. - The Adjustment Action:-