Goodwins Law Corporation Newsletter

December 2015

Constitutionality of Statutes UAE Perspective

The
United
Arab
Emirates
(UAE) is a Federation of seven
Emirates. The power to examine
the
constitutional
legality
(constitutionality) of any statutes
vests in the Federal Supreme
Court (FSC) under Article 99 of
the
Constitution
of
the
Federation.
Article
99
(2)
empowers the FSC to examine the
constitutionality of:
a) Federal

laws,

if

they

are

challenged by one or more of

the Emirates on the grounds of
violating the Constitution of
the Union;
b) Legislation promulgated by one
of

the

Emirates,

challenged
Federal

by

if

one

authorities

grounds of

it
of

the

on

the

Constitution of the Federation

or of Federal laws.
Article 99 (3) enables the FSC to
examine the constitutionality of
laws, legislation and regulations
generally, if such a request is
remitted to it by any State Court
during a case under consideration
before it. The Court aforesaid
shall be bound to accept the ruling
in

the

Constitution,

when

so

requested by any authority of the

Federation or by the Government
of

any

Emirate.

Any

such

interpretation shall be considered

of

the

this

case.

Furthermore, Article 99 (4)

vests the FSC with the power of

among
others
protection
of
agricultural and animal wealth etc.
Article 122 states that the Emirates
have the jurisdiction in all matters
not assigned to the jurisdiction of the
Federation in accordance with the
provisions of Articles 120 and 121.

binding on all.
In the hearing on 8 t h November 1981,
A judgment of the Constitutional
Bench of the FSC; In the year 1980,
the UAE Ministry of Agriculture
and
Fisheries
submitted
a
pleading to the FSC, requesting
the
explanation
of
some
provisions of the constitution,
which was registered as Request
No. 5 of Supreme Judicial Year 8
(Interpretation).

the

The Constitutional Bench of the

FSC perused the relevant articles
such as Articles 120, 121, 122, 123,
149 and 151 of the Constitution
which inter alia stipulate the
legislative
powers
of
the
Federation and the Emirates.

fishing

in

fishing

permits;

Article 120 stipulates nineteen

affairs on which the Federation has
exclusive executive jurisdiction
such as Foreign Affairs, Defense
etc.
Article 121 mandates that, without
prejudice to the provisions of
Article 120, the Federation shall
have
exclusive
legislative
jurisdiction
in
the
matters
enumerated therein which includes

conditions stated under the Article

is

violation of the

FSC

interpretation of the provisions of

FSC,

exercising

the

powers

vested in it under Article 99 of the

Constitution, decided that i) The
Federation

has

legislation

rights

the

exclusive

in

matters

stipulated under Articles 120 and 121

including the legislations related to
agricultural
including

and

animal

fisheries,

wealth

regulation

regional

waters

and

ii)

of
and

Member

Emirates are entitled to conclude

limited agreements of a local and
administrative
neighboring
according

nature
states

to

the

or

with
regions

terms

and

121. In addition, member Emirates

may

exceptionally

matters,

including

legislate
animal

such
wealth

protection and fishing in regional

waters, until federal legislations are
passed in this regard which will then
supersede the inconsistencies in the
local legislation.

Written by Sreekumar Radhakrishnan, Senior Legal Consultant, BA LLB LLM, Goodwins Law Corporation UAE
Website: www.gooodwinslaw.ae Email: info@goodwinslaw.ae Tel: +97126737338