Abu Dhabi: The UAE’s Constitution is to undergo some amendments to enshrine complete independence of the judiciary and equality before the law, Gulf News has learnt.
The constitutional changes are to provide for full financial and administrative autonomy for the judiciary and to establish the Federal Judicial Council presided over by President His Highness Shaikh Khalifa Bin Zayed Al Nahyan and the chief justice of the Federal Supreme Court as his deputy, informed sources, who spoke on condition of anonymity, told Gulf News.
Dr Abdul Wahab Abdoul, Chief Justice of the Federal Supreme Court, told Gulf News independence of the judiciary entails a supreme judicial council with members from the federal bench and being mandated to decide on all matters relating to the judiciary, judges and judicial policies and legislations.
A judicial source told Gulf News that neither the Cabinet nor the Minister of Justice will have any authority over the Federal Judicial Council, to secure full independence of the judiciary from the executive authority.
Under the proposed amendments to the constitution, the Federal Supreme Court’s powers to call to account ministers and senior officials and decide on crimes relating to the UAE’s internal and external security, forgery of official records and counterfeiting of currency are to be mandated to a federal court of cassation.
The Federal Supreme Court, the highest federal judicial authority, will continue to look into various disputes among members of the UAE Union, or between one or more emirates and the Federal Government, the constitutionality of federal and other laws and legislations, conflicts of jurisdiction between the federal and local judicial authorities in the country, conflict of jurisdiction between the judicial authority in one emirate and another and interpreting the provisions of the constitution.
The Federal National Council is to debate behind closed doors today (Tuesday) changes in the judicial system law meant also to secure and promote the independence of the judiciary.
Dr Abdoul said judicial independence ideally frees judges to decide cases and make rulings according to the rule of law, judicial discretion and their conscience.
The federal judiciary in the UAE began in 1973 with the establishment of the Federal Supreme Court. The federal judiciary comprises the Federal Supreme Court, Federal First Instance Courts and Federal Appeals Courts.
The judicial system in the UAE sets itself apart from its counterparts in the Arab World by functioning in a twofold legal framework which includes the local judiciary and the federal judiciary.
The relationship between the two systems is regulated by articles 94 to 109 of the UAE Constitution, which describe the broad principles of both systems, while leaving the details to the discretion of local judiciaries without violating or contradicting the broad principles laid down by the constitution.
All emirates have courts of first instance and courts of appeals, either federal or local, in addition to the Sharia courts which mainly deal with matters of personal status, such as marriage, divorce and inheritance, among others. The primary source of legislation is Sharia (Islamic Law), based on the Quran and the traditions of the Prophet (PBU).
According to the UAE Constitution, people are equal before the law regardless of race, nationality, religion or social status. The Constitution protects human rights and prohibits torture and various forms of inhuman and degrading treatment. It also prevents arbitrary arrest, search, detention, imprisonment, and entering homes without the permission of the owners.