Kuwait Court of Cassation principle number 421

Summary: - Administrative decision. What suffices for it to satisfy its constituent requirements and elements. Its being effective upon issuance by the administrative authority empowered to issue it, without requiring ratification by a higher authority, confers finality upon it. - The susceptibility of an administrative decision to a grievance does not affect its finality. Reason: finality means exhaustion of the stages of the administrative hierarchy. - The legislative rationale for the system of grievances against administrative decisions. Its reason: giving the administration an opportunity to review its own action by reconsidering the decision so that it returns to the correct course before recourse is had to judicial challenge. - The administration's exhaustion of its authority by issuing the administrative decision conclusively, or the absence of a superior authority empowered to review its issuance, renders a grievance futile and negates its rationale. Rule: It is established in the jurisprudence of this Court that, for an administrative decision to satisfy its constituent requirements and elements, it suffices that it be effective upon issuance by the administrative authority empowered to issue it, without requiring ratification by a higher authority, thereby acquiring finality. The decision's susceptibility to a grievance does not affect its finality, since finality means exhaustion of the stages of the administrative hierarchy. It is also established that the legislative rationale for the system of grievances against a decision to the authority that issued it or its superior authority—as an allegation of defect by a person whose interests the decision has affected—is for the administration to review its own action by reconsidering the decision so that it returns to the lawful and correct course before recourse is had to judicial challenge. If, however, the administration has exhausted its authority by issuing it conclusively, or because there is no superior authority empowered to review the action of its issuer, the grievance becomes futile and its rationale is absent.