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Thursday, August 8, 2019

The justice in United Arab Emirates Research Paper

The justice in United Arab Emirates - Research Paper Example This phenomenon is more intensive in countries where culture has been considered as indispensable part of law, such as in the case of Islamic countries. Current paper presents the justice system of UAE, an Arab country with a significant economic power. The efforts of UAE’s government to develop the country’s economic and social framework are highly supported by the national legal system, which is appropriately aligned with the rules of Islamic law. The structure and the elements of UAE’s justice system indicate a strong dependency on culture. At the same time, the influence of the particular justice system by similar systems of the West cannot be ignored. Aly Khedr and Bassam (2010) note that the influences of Western legislation on the UAE’s justice system are clear. Moreover, the key legislative text that has affected UAE’s justice system is the Egypt code which was first appeared near the end of the 19th century (Aly Khedr and Bassam 2010). Also , the adoption of the Civil law by UAE denotes the willingness of the country’s governments to establish a long term relationship between UAE’s justice system and the French law, which has been the basis of the Civil law (Aly Khedr and Bassam 2010). ... The first appearance of UAE’s justice system can be related to the country’s first appearance in the international community, around in 1971 (Abu Dhabi e-government 2012). It was then that the first rules of law for regulating the country’s various issues were established (Abu Dhabi e-government 2012). At that period, the development of the country’s legal system was based on laws of two different types: a) the federal laws and b) the laws issued by Decrees (Abu Dhabi e-government 2012). The laws of the first category were first introduced by the Cabinet and were then brought before the Federal National Council in order to be verified, as legislative texts. Up to that level, a legislative text would remain a bill; for becoming a law, a bill should be then brought to the country’s President who has the power to bring the bill to the Federal Supreme Court for ratification (Abu Dhabi e-government 2012). This is the common legislative process as applied in UAE since the country’s first establishment. In addition, there is the option of laws that are promoted as decrees (Abu Dhabi e-government 2012). These laws can be promoted only in cases of emergency when critical issues need to be regulated. These laws can be promoted by the country’s President, in cooperation with the Cabinet (Abu Dhabi e-government 2012). At lower level, laws can be promoted for regulating issues at the level of emirates, i.e. at not at federal level (Abu Dhabi e-government 2012). Reference should be made here to the Cabinet decisions which are placed, in terms of their power, between the laws brought by decree and the common laws (Abu Dhabi e-government 2012). This means that the decisions of Cabinet are of increased power compared to the laws of Emirates, a fact that it is crucial any

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