Nullification of Sovereignty Acts – A Commentary on the Court of Cassation Decision No. 714/2013– Civ.2 -23/ 03 / 2013
Dr. Khaled Fayz Alhuwailah
Assistant Professor of Public Law Kuwait International Law School
Abstract:
On 23/3/2015 the Kuwaiti Cassation Court issued its decision No. 714 of the year 2013, nullifying the decision of the Appeal Court that fined the appellant (Kuwait Prime Minister) five thousand and one Kuwaiti Dinar as temporary compensation for the ethical and material damage. The decision also stated that the Appeal Court is deemed not competent based upon the Amiri decrees No. 433 of the year 2011 to dissolve the National Assembly, and No. 447 of the year 2011 to call for parliamentary elections.
According to the Cassation Court decision, the decrees are deemed actions of sovereignty that courts are not eligible to review based upon any appeals. The Cassation Court decision considers the decision of Appeal Court void based upon sovereignty actions principle. However, the Cassation Court decision contradicts with the Constitutional Court decisions No. 6 and 30 on 2012/6/20 that deemed the Amiri Decrees No. 443, and No. 447 void and unconstitutional. All consequences of the decrees were deemed void, especially the regain of authority of the dissolved National Assembly by the power of the Constitution.