The role of the Supreme Court in the consitutional system of the United Arab Emirates: a comparative study

Abstract

This study is concerned with demonstrating the importance of the Supreme Court in the constitutional system of the United Arab Emirates, discovering its possible contributions to constitutional development and recommending measures to improve the effectiveness of the Court. A brief analysis of the modern history of the United Arab Emirates and an outline of the characteristics of this country and its society are provided. The constitutional history of the country is given, with specific emphasis on the process of drafting the current constitution. The role of constitutional courts in federal systems, their contributions to and the theoretical basis for participation in the development and maintenance of, constitutional systems is discussed. This study includes a fairly detailed analysis of the arguments about the role of the U.S. Supreme Court and the American Federal judiciary in practising judicial review, and the authority of judicial interpretations of the constitution. The West German experience in judicial review and its effects on federalism is analysed. The constitutional system of the United Arab Emirates and the position and competence of its Supreme Court is evaluated. A detailed study is provided of the development of the jurisprudence of the court since its establishment. Findings and recommendations aimed at improving the contribution of the Supreme Court in the constitutional system of the United Arab Emirates are provided.