Abu Dhabi, Countries, UAE|September 26, 2012 12:01 pm

Constitution of the U.A.E

Constitution of the U.A.EThis constitution came into being to explain the main rules of the political and constitutional organization of the state. In fact, it has demonstrated the main purpose of establishment of the federation, its objectives and components on the local and regional levels. It has also elaborated on the major social and economic pillars of federation and stressed public rights, responsibilities and freedoms. Moreover, it has highlighted federal authorities, organized issuance of federal legislation and the competent authorities as well. Above all, it has also dealt with financial affairs of the federation, armed and security forces provisions and legislative, executive and international jurisdictions between the federation and member emirates.

Part Three     Part Four

 

PART THREE

Freedom, Rights and Public Duties

Article 25
All persons are equal before the law, without distinction between citizens of the Union in regard to race, nationality, religious belief or social status .

Article 26
Personal liberty is guaranteed to all citizens. No person may be arrested, searched , detained or imprisoned except in accordance with the provisions of law. No person shall be subjected to torture or to degrading treatment.

The UAE Federal Law No.35 of 1992 envisages many protective measures under the law. What the rulers practice is exactly the opposite of what they preach; making the UAE Constitution itself becomes a solemn mockery! Just imagine a situation when the “protector” beheads the distressed who approach for protection! Learn about corrupt practices in UAE!’

Article 27
The law shall define crimes and punishments. No penalty shall be imposed for any act of commission or omission committed before the relevant law been promulgated.

Article 28
Penalty is personal. An accused shall be presumed innocent until proven guilty in a legal fair trial. The accused shall have the right to appoint the person who is capable to conduct his defence during the trial. The law shall prescribe the cases in which the presence of a counsel for defence shall be assigned.
Physical and moral abuse of an accused person is prohibited.

Article 29
Freedom of movement and residence shall be guaranteed to citizens within the limits of haw.

Article 30
Freedom of opinion and expressing it verbally, in writing or by other means of expression shall be guaranteed within the limits of law.

Article 31
Freedom of communication by post, telegraph or other means of communication and the secrecy thereof shall be guaranteed in accordance with law.

Article 32
Freedom to exercise religious worship shall be guaranteed in accordance with established customs, provided that it does not conflict with public or violate public morals.

Article 33
Freedom of Council and establishing associations shall be guaranteed within the limits of law.

Article 34
Every citizen shall be free to choose his occupation, trade or profession within the limits of law. Due consideration being given to regulations organizing some of such professions and trades. No person may be subjected to force labour except in exceptional circumstances provided by the law and in return for compensation.
No person may be enslaved.

Article 35
Public office shall be open to all citizens on a basis of equality of opportunity in accordance with the provisions of law.
Public office shall be a national service entrusted to those who hold it. The public servant shall aim, in the execution of his duties, at the public interest only.

Article 36
Habitations shall be inviolable. They may not be entered without the permission of their inhabitants except in accordance with the provisions of the law and in the circumstances laid down therein.

Article 37
Citizens may not be deported or banished from the Union.

Article 38
Extradition of citizens and of political refugees is prohibited.

Article 39
General confiscation of property shall be prohibited.
Confiscation of an individual’s possessions as a penalty may not be inflicted except by a court judgment in the circumstances specified by law.

Article 40
Foreigners within the Union, shall enjoy, the rights and freedom stipulated in international charters which are in force or in treaties and agreements to which the Union is party. They shall be subject to the corresponding obligations.

Article 41
Every person shall have the right to submit complaints to the competent authorities, including the judicial authorities.
Concerning the abuse or infringement of the rights and freedom stipulated in this part.

Article 42
Payment of taxes and public charges determined by law is a duty of every citizen.

Article 43
Defence of the Union a sacred duty of every citizen and military service is an honour for citizens, which shall be regulated by law.

Article 44
Respect of the Constitution. Laws and orders issued by public authorities in execution thereof, observance of public order and respect of public morality are duties incumbent upon all inhabitants of the Union.

 

PART FOUR

The Union Authorities

CHAPTER III

THE COUNCIL OF MINISTERS OF THE UNION

Article 60
The Council of Ministers, in its capacity as the executive authority of the Union, and under the supreme control of the President of the Union, and the Supreme Council. Shall be responsible for dealing with all domestic and foreign affairs, Which are within the competence of the Union acceding to these Council of ministers of the Union laws.

The Council of Ministers shall, in particular, assume the following powers:

  • 1. Following up the implementation of the general policy of the Union Government both domestic and foreign.
  • 2. Initiating drafts of Federal Laws and submitting them to the Federal National Council before they are raised to the president of the Union for presentation to the Supreme Council for sanction.
  • 3. Drawing up the annual general budget of the Union, and the final accounts.
  • 4. Preparing drafts of decrees and various decisions.
  • 5. Issuing regulations necessary for the implementation of Union laws without amending or suspending such Laws or making any exemption from their execution. Issuing also control regulations and other regulations relating to the organization of public services and administrations. Within the limits of this Constitution and Union laws. A special provision of the law or the Council of Ministers, may charge the competent Union Minister or any other administrative.
  • 6. Supervising the implementation of Union laws, decrees, decisions and the Emirates.
  • 7. Supervising the execution of judgments rendered by Union Law Courts and the implementation of international treaties and agreements concluded by the Union.
  • 8. Appointment and dismissal of Union employees in accordance with the provisions of the law, provided that there appointment and dismissal do not require the issue of a decree.
  • 9. Controlling the conduct of work in departments and public services of the Union and the conduct and discipline of Union employees in general.
  • 10. Any other authority vested in it by law or by the Supreme Council within the limits of this Constitution.

Source: UAE Cabinet

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