Year: 2026
Type: article
Abstract: This legislative commentary examines the Constitutional Court of Kuwait's recent jurisprudence on the retroactive application of non-criminal sanctions, with particular focus on three landmark rulings issued in 2025 concerning the Competition Protection Law (Law No. 72/2020).The study analyses whether constitutional guarantees governing criminal penalties -chiefly the prohibition on retroactivity -extend equally to administrative and political sanctions, drawing on comparative constitutional law from France and Egypt.The author demonstrates that the Kuwaiti Constitutional Court has aligned itself with French and Egyptian constitutional practice in applying unified constitutional constraints across all categories of sanctions, grounded in the principle of legal certainty and the protection of accrued legal positions.The commentary further examines a notable divergence between the Court of Cassation and the Constitutional Court regarding political disenfranchisement sanctions, offering a critical assessment of the underlying constitutional reasoning and its implications for legislative reform in Kuwait.
Author: يسري محمد العصار
Institution: Kuwait International Law School
Language: Arabic
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W7222799656