Kuwait Court of Cassation principle number 426

Summary: - The principle of equality enshrined in the Constitution. One of its most important foundations is unity of the time period in which the legislation or decision challenged for breach of that principle is issued. Its effect: differences between legislation or decisions addressing a single subject, each issued in a different time period, do not in themselves constitute a breach of the principle of equality. The basis for this: so that the principle does not prevent development reflecting changes in reality across different time periods. Rule: The principle of equality enshrined in Article 29 of the Constitution rests, as one of its most important foundations, on unity of the time period in which the legislation or decision challenged for breach of this principle is issued. Thus, if legislation or decisions addressing a single subject differ, and each was issued in a different time period, this does not in itself constitute a breach of the principle of equality. Otherwise, the principle would be transformed from a standard for achieving justice and equity into a barrier preventing development that reflects changes in reality across different time periods.