A Guide to United Arab Emirates Legal System Essay

A Guide to United Arab Emirates Legal System - Essay manikinThe UAE Legal System The efficacious system of the United Arab Emirates is founded upon the Constitution as approved by the national National Council in 1996. The Constitution replaced the provisional documents which had been sporadically renewed since the UAE was established in 1971 (Info-Prod Research, 1999). The Constitution functions as the basic law of the land, specifying the purpose of the establishment of the federation, its components and objectives, and the public rights, responsibilities, and freedoms protected in the federation. It also establishes the structure of the national government, provides for armed and security forces, and defines the legislative, executive, and international jurisdictions that govern the relationship between the federation and the member emirates (Tarbuck & Lester, 2009 Khedr & Alnuaimi, 2010). There atomic number 18 five federal institutions constitutionally provided for. These are the federal official Supreme Council (FSC executive), the President of the Union and the Vice-President, the Council of Ministers of the Union, the Federal National Council (FNC legislative), and the Judiciary of the Union. ... The legislative body, the Federal National Council, is a unicameral body comprised of 40 members, 20 of whom are elected by 7,000 notables who represent different tribes and social groups, and the remaining 20 are appointed by the rulers of the Emirates upon their discretion. Abu Dhabi and Dubai appoint eight members each, Sharjah and Ras al Khaymah six each, and four members each for Ajman, Umm al Oaywayn, and Al Fujayrah. Foundations of UAE right The core principles of UAE law are drawn from Sharia, the fundamental Islamic law. However, most of the legislation enacted in the country are a combination of Islamic and European civil law concepts. The blend is not that far-fetched, since both of these systems are influenced by the Egyptian legitimate co de that was established in the late 19th to early 20th centuries. There is apparently a strong leaning on the French legal concepts in the UAE as is shared in the European countries, in comparison to the distinctly different UK common law (Khedr & Alnuaimi, 2010). Federal Commercial Company Law Forms of Business Entities Prior to 1984, there was no federal commercial company law, thus each Emirate formulated their own practices and procedures governing the establishment of business organizations indoors its own jurisdiction. The need was felt for a codified commercial legislation to address the concerns of international business in the country this led to the promulgation of the Federal Commercial Company Law No. 8 of 1984, which was fully implemented by early 1993. This Law specifies that it is a requirement that UAE nations own at least 51 per cent of all public and private shareholding companies, as well