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Judicial independence is widely considered to be a foundation for the
rule of law. That the judiciary is free from interference and judicial
decisions, once rendered, are respected.
However, under the UAE system the evil-minded rulers without an implied or
express power would interfere even in a clear case of acquittal by the
Courts there, leading in unlawful punishments etc. (View a
Testimony Here)
In the UAE, the Ministry of Justice with a collection of rules imposed by
executive, retains oversight of every aspect of administration of the
courts from budgets to non-judicial court personnel.
The UAE operates according to a 'Niyaba' system. The Niyaba is headed by
the Attorney General and overseen by the Ministry of Justice. The Attorney
General and members of the Niyaba are appointed by the UAE president.
The Transitional Administrative Law (TAL) includes two provisions
concerning the independence of the judiciary. The TAL states in Article 43
and Article 24(B), respectively:
Article 43 – The judiciary is independent, and it shall in no way be
administered by the executive authority, including the Ministry of
Justice. The judiciary shall enjoy exclusive competence to determine the
innocence or guilt of the accused pursuant to law, without interference
from the legislative or executive authorities.
Article 24(B) – The three authorities, legislative, executive, and
judicial, shall be separate and independent of one another.
The rule of law should be the foundation of all institutions, legal codes
and administrative procedures should protect civil rights for all,
especially freedom of opinion, assembly and the media.
The American Judiciary
The American judiciary has been an integral part of limiting governmental
power. By enforcing contracts and creating a climate of stability and
predictability for business, the courts have also played a key role in
promoting economic development.
The motto of the U.S. Supreme Court, "Equal Justice Under Law," embodies
the objectives of the judiciary in a democratic society. Because U.S.
courts enjoy a level of influence and respect unequaled anywhere else or
at any other time in history, it is appropriate to focus on the American
judiciary as an example of judicial independence.
(More about:
The UAE Judiciary)
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