Kuwait Court of Cassation principle number 97

Summary: - The general rule is that individuals and bodies may challenge administrative decisions issued concerning them. Exception: decisions issued in nationality matters. The scope of this exception must be confined to decisions concerning the grant or refusal of nationality. Reason: their connection with the State’s existence and its right to choose who enjoys its nationality in light of its views and assessment in that regard. Confirmation: Article 27 of the Kuwaiti Constitution provides that nationality may not be forfeited or withdrawn except within the limits of the law, and this can be achieved only through judicial review of the administration’s actions. Such decisions may therefore be challenged by actions for annulment and compensation before the Administrative Circuit of the Court of First Instance. Consequence: there is no basis for saying that a decision forfeiting or withdrawing nationality is an act of sovereignty which the courts may not hear. Rule: The legislature, implementing the aforementioned Articles 166 and 169 of the Constitution, established, by Law No. (20) of 1981 as 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. Item (Fifth) of Article (1) of that aforementioned Law, after establishing the general rule 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 recourse to the courts, as it deprives interested persons of access to the judiciary and of challenging administrative decisions issued in nationality matters, and considering that the right of recourse to the courts is the means of protecting it and ensuring its effectiveness, and that the basic principle, as previously stated, is that administrative acts and decisions are subject to judicial review. Therefore, the scope of this exception must be confined to decisions concerning the grant or refusal of nationality, since they relate to the State’s existence and its right to choose who enjoys its nationality in light of its views and assessment in that regard, in accordance with this Court’s settled case law. 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 review of the administration’s actions. Accordingly, he may challenge such decisions by actions for annulment and compensation before the Administrative Circuit of the Court of First Instance.