Kuwait Court of Cassation principle number 226

Summary: - The general principle is that individuals and bodies may challenge administrative decisions issued concerning them. The exception: decisions issued in nationality matters. The scope of this exception must be confined to decisions concerning the grant of nationality or refusal to grant it. The reason: their connection with the entity of the State and its right to choose those who enjoy its nationality in light of its views and assessment in this regard. What confirms this: Article 27 of the Kuwaiti Constitution, which provides that nationality may not be forfeited or withdrawn except within the limits of the law. This can be achieved only through judicial supervision of the administration’s actions; consequently, such decisions may be challenged by seeking annulment and compensation before the Administrative Circuit of the Court of First Instance. The consequence: there is no basis for saying that a decision forfeiting or withdrawing nationality is an act of sovereignty that the courts may not hear. Rule: In implementation of the aforementioned Articles 166 and 169 of the Constitution, the legislature established, by Law No. (20) of 1981, amended by Law No. (61) of 1982, an Administrative Circuit at the Court of First Instance with exclusive jurisdiction to hear the administrative disputes specified therein. The provision in item (Fifth) of Article (1) of that aforementioned Law, after laying down the general principle permitting individuals and bodies to challenge final administrative decisions issued concerning them, excepted certain administrative decisions, including decisions issued in nationality matters. This exception constitutes a restriction on the right of access to the courts, as it entails depriving those concerned of recourse to the courts and of challenging administrative decisions issued in nationality matters, considering that the right of access to the courts is the means of their protection and of ensuring their effectiveness. The principle in this regard, as previously stated, is that administrative acts and decisions are subject to judicial supervision. Accordingly, the scope of this exception must be confined to decisions concerning the grant of nationality or refusal to grant it, as they are connected with the entity of the State and its right to choose those who enjoy its nationality in light of its views and assessment in this regard, in accordance with the settled jurisprudence of this Court. This view is confirmed by Article 27 of the Kuwaiti Constitution, which provides that (Kuwaiti nationality shall be determined by law, and nationality may not be forfeited or withdrawn except within the limits of the law). This can be achieved only through judicial supervision of the administration’s actions. Consequently, he may challenge them by seeking annulment and compensation before the Administrative Circuit of the Court of First Instance.