CAUTION! Article 94
and other provisions of the UAE constitution guarantee the independence of the judicial branch,
the right to litigation and equality before the law under the Supreme Court of the Union.
But unfortunately under the UAE system the Executive without an implied or express power would interfere even in a clear case of acquittal by the Courts there, leading in unlawful punishments etc.
......
Testimony
The Judicial
System
Article 94 of the provisional constitution guarantees
the independence of the judicial branch under
the Supreme Court of the Union. This body consists
of a president and up to five judges appointed
by the UAE president, following approval by
the Supreme Court of the Union.
The Supreme Court is vested with the power of
judicial review and original jurisdiction over
federal-emirate and inter-emirate disputes.
The provisional constitution also provides for
the establishment of union courts of first instance
to adjudicate civil, commercial, criminal, and
administrative cases. Judgments of these courts
can be appealed to the Supreme Court.
[ In cases in which a defendant is acquitted of a crime, the prosecutor may appeal the acquittal to a higher court. If the case is appealed, the higher court reviews the case and may receive more and new evidence.
If convinced of the defendant's guilt, the appellate court may set aside the lower court's verdict of not guilty and enter a verdict of guilty with an order that the defendant pay compensation. The appellate standard for overturning an acquittal is reportedly "without the slightest doubt of guilt."
Click link: jurist.law
uae.government ]
Local courts in each of the seven emirates have
jurisdiction over matters that the provisional
constitution does not specifically reserve to
the union courts. The provisional constitution
designates the Sharia (Islamic law) as the basis
of all legislation.
In 1983 a comprehensive law governing the federal judiciary was issued, creating a full federal judicial system, though the member emirates retain significant and varying degrees of judicial autonomy.
Article 94 Justice is the basis of governance. Judges shall be independent and shall be subordinate to no authority but the law and their own consciences in the performance of their duties.
Article 95 The Union shall have a Federal Supreme Court and federal courts of first instance as described hereafter.
Article 96 The Federal Supreme court shall consist of a president and no more than five judges who shall be appointed by decree issued by the federal president with the approval of the Supreme Council. Law shall prescribe the number of departments in the court, their organization and their procedures, conditions of service, and retirement for its members and the prerequisites and qualifications required of them.
Article 97 The president and judges of the Supreme Court shall not be dismissed while they administered justice. Their administration shall not be terminated except for the following reasons: (1) death; (2) resignation; (3) completion of term of contract for individual on contractor completion of term of seconding; (4) reaching of retirement age; (5) permanent incapacity to carry the burdens of their duties because of ill health; (6) disciplinary discharge based on reasons and proceedings stipulated by law; or (7) appointment to other offices, with their agreement.
Article 98 The president and judges of the Federal Supreme Court shall, immediately before taking up duties, swear an oath before the federal president and in the presence of the federal minister of justice, that they will render judgement justly and without fear or favor and that they will be faithful to the constitution and the laws of the Union.
Article 99 The Federal Supreme Court shall be competent to render judgment in the following matters:
(1) Miscellaneous disputes among member emirates in the Union, or between any one emirate or more and the government of the Union, whenever such disputes are remitted to the Court on the basis of a request form any one of the interested parties;
(2) Examination of the constitutional legality of Union laws, if they are challenged by one or more of the emirates on the grounds of violating the constitution of the Union; examination of the constitutional legality of legislation promulgated by one of the emirates, if it is challenged by one of the Union authorities on the grounds of violation of the constitution of the Union or of Union laws;
(3) Examination of he constitutional legality 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. That court shall be bound to accept the ruling of the Federal Supreme Court in the case;
(4) Interpretation of the provisions of the constitution, when so requested by any authority of the union or by the government of any emirate. Any such interpretation shall e considered binding on all;
(5) Interrogation of ministers and senior officials of the union appointed by decree concerning their actions taken in the conduct of official duties on the basis of a request by the Supreme Council and in accordance with the relevant law;
(6) Crimes directly affecting the interests of the Union, such as crimes relating to internal or external security, forgery of the official records or seals of any of the Union authorities, and counterfeiting of currency;
(7) Conflict of jurisdiction between the Union judicial authorities and the local judicial authorities in the emirates;
(8) Conflict of jurisdiction between the judicial authority in one emirate and the judicial authority in another, and the classification of the principles relating thereto in a federal law; and
(9) Any other jurisdiction stipulated in this constitution, or which may be assigned by a federal law.
Article 100 The Federal Supreme court shall convene in the capital of the Union. It may convene when necessary on an exceptional basis in the capital of any one of the emirates.
Article 101 The judgments of the Federal Supreme Court shall be final and binding upon all. If the Court, in rendering judgment on the constitutional legality of laws, legislation, and regulations, rules that federal legislation is inconsistent with the constitution of the Union, or that local legislation or regulations under consideration contain provisions which are inconsistent with the federal constitution or a federal law, the authority concerned in the union or the emirate shall be obliged to take the necessary steps to remove or rectify the constitutional inconsistency.
Article 102 The Union shall have one or more federal courts of first instance which shall sit in the permanent federal capital or in the capitals of some of the emirates in order to exercise judicial powers within the scope of their jurisdiction in the following cases:
(1) Civil, commercial, and administrative disputes between the union and individuals whether the union is plaintiff or defendant;
(2) crimes committed within the boundaries of the permanent federal capital, except such matters as are reserved for the Federal Supreme Court under Article 99 of the constitution;
(3) Personal status actions, civil actions, commercial actions, and other actions between individuals which arise in the federal capital.
Article 103 All matters connected with the federal courts of first instance in respect to their organization, formation, departments, local jurisdiction, procedures to be followed before the, oaths to be sworn by their judges, conditions of service for their judges, and the means of appealing against their judgments shall be regulated by law. The law may stipulate that appeals against the judgments of these courts shall be heard before one of the departments of the Federal Supreme court, in the circumstances and manner prescribed.
Article 104 The local judicial authorities in each emirate shall have jurisdiction in all judicial matters not assigned to the federal judiciary in accordance with this constitution.
Article 105 All or part of the jurisdiction assigned to the local judicial authorities in accordance with the preceding article may be transferred y a federal law issued at the request of the emirate concerned to the federal courts of first instance. Circumstances in which appeals against judgments by the local judicial authorities in penal, civil, commercial, and other cases may be made before the federal courts shall be defined in a federal law, provided that the judgment of the federal courts in such appeals is final.
Article 106 The Union shall have a public prosecutor who shall be apointed by federal decree issued with the approval of the cabinet. He shall be assisted by a number of members of the public prosecutor's office. Matters relating to the members of the federal public prosecutor's office shall be prescribed buy law with respect to the method of appointment, grades, promotion, retirement, and the qualifications required of them. The federal law of criminal procedure and courts shall prescribe the jurisdiction of this body and its procedures and the powers of its assistants over the police and the public security services.
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