Kuwait Court of Cassation principle number 2335

Prior determination of the plea of unconstitutionality of item Fifth of Article One of Law 20 of 1981 establishing the Administrative Circuit, by Constitutional Judgment 1 of 1993 declaring inadmissibility. Raising this plea again without any new development altering the legal or factual positions of the two parties to the challenge. Futile. The reason therefor: the judgment acquired the authority of res judicata and the court thereby exhausted its jurisdiction. The court’s conclusion not to refer the same plea to the Constitutional Court as being futile. Correct.