Law Commons^™

Forms Of Expression Of Will In Constitutional Texts Regulating Rights And Freedoms And Its Impact On Their Guarantee: A Comparative Study), Dr. Fatima Zohra Ramdani

UAEU Law Journal

The study presents the problem of multiple method of expression in drafting constitutional legal rules related to the rights and freedoms of individuals, because the good constitutional rule simplifies the difficulties related to understanding and applying them, and spreading legitimate confidence in the legal system of the state, which results in protecting the legal framework in which individuals and state authorities interact alike the objective of the state of law.

The recherche revealed that the multiplicity of methods, and how to provide for rights and freedoms has two butt: the first hand is demonstrates the interest of the constitutional founder …

الدولة في القرآن الكريم-أ.د. ماجد راغب الحلو, Prof. Majed Ragheb Ei-Helw

UAEU Law Journal

أصبحت الدولة منذ زمن بعيد هي الكيان القوي الراجح للتجمعات البشرية في الأرض لا منازع . وباتت دراساتها بحكومنها وشعبها وأرضها من أهم موضوعات البحث في علوم متعددة أهمها القانون الدستوري. غير أن البحث ما زال مفتقراً إلى معرفة ما ورد بشأن الدولة من آيات وأحكام في القرآن الكريم وهو آخر رسالات الله جلت قدرته إلى عباده.

وفي هذا البحث الموجز نقف عند بعض ماجاء بالكتاب الحكيم من آيات بينات عن الدولة وعناصرها، كما نعرفها في أيامنها الحاضرة. وذلك للتفكير فيها وتدبر أمرها ، سعياً وراء العلم الأكمل والخير الأعم الذي يمكن أن يستنبط من ذلك الكتاب القيم الذين تتجدد …

Expulsion From Egyptian Parliament Based On The Expression Of Opinion "A Case

UAEU Law Journal

Six members have been removed from the Egyptian parliament since the promulgation of the Egyptian constitution in 1971. Expulsion in these cases have been based on different grounds. The case chosen here has been based on a member's loud shouting against the president of the country. The significance of this case is the test it presents to the freedom of expression, especially by an M. P. The number of violations of constitutional and legal principles in the proceedings of this case is striking. To start with, the speaker of the house have abandoned his neutrality by ordering investigation of the …

Government Ideologies And Islamic Centrism, Prof. Majed Ragheb Ei-Helw

UAEU Law Journal

For some time in the recent past, certain states have based their system of government on particular ideologies dominant in modern times. However, experience has shown that these ideologies have in no way contributed to the fulfilment of cherished goals. Individualism and Marxism came to the fore, and between them shared the majority of countries, sowing the seeds of dissention among them. Individualism made the individual the ultimate end of the state. It, therefore, emphasized and legitimated human rights and freedoms, but only at the expense of the group and the weaker segments of society. The adoption of absolute individualism …

الطائفية والنظام الدستوري في لبنان

UAEU Law Journal

No abstract provided.

Constitutional Regulations Of Liberties And Fundamental Right S

UAEU Law Journal

Human rights has been safeguarded through several means (e.g. political, judicial, legal). Constitution is one of the legal means to establish and protect basic human rights. A constitution lay down between an external party ( i.e. international covenants ) and an internal party ( i.e. national legislation ). It is important, therefore, to demonstrate the links among the three parties.

The prime question of this article is : what is the role of the constitution in regulating and safeguarding liberties and fundamental rights ? It will discuss this issue with especial reference to the practice in the Arab Countries.

The …

Constitutional Amendment In The United Arab Emirates

UAEU Law Journal

The constitution of the United Arab Emirates of 1971 created a federal system composed of seven emirates.

Federal constitutions distribute legislative power bet ween the two layers of government. The distribution of legislative power in the federal systems is an important aspect of these constitutions.

The existence of the distribution of legislative power in the federal constitutions and the fact that these constitutions preserve the existence and powers of the two layers of government make it inappropriate and unacceptable to entrust one layer of government with the power to amend the federal constitution.

There is a need i n each …

The Distribution Of Power In The Federal Systems Of The United Arab Emirates And The Federal Republic Of Germany

UAEU Law Journal

The Federal system is a system of government in which two levels of government share the power in one country. The two levels of government derive their powers from a federal cons - tuition. The federal constitution distributes power between the two levels of government and insures the co-independence of the two levels of government.

There are several forms of distribution of powers between the levels of government in the federal system. The form of distribution of power and its gradual change is affected by the different factors in the country.

The paper starts with stressing the importance of distribution …

Constitutional Protection Of The Rights And Fundamental Freedoms, Eid Ah. Alhosban

UAEU Law Journal

Due to the significance of this subject, and due to its marginal status in the Arabic systems compared to its central status in the Western constitutional systems, this study sheds light on its constitutional characteristics including its nature and system in order to ingrain it in the Arab Constitutional mind

The Safeguarding Of The Process Of Running For The Presidency Office A Comparative Study Between French And Egyptian Regimes (Part I), Sharif Youssef Khater

UAEU Law Journal

Our research deals with the criteria applied to the Republic presidential nomination process whether inFranceor inEgypt. This research is presented in two chapters where the first one has beenallocated to studying the nomination application for the presidency of the Republic whether inFranceorEgypt, and the second one has beenallocated to studying the competent authority which accepts the presidential nomination applications.

As to the nomination application for the presidency of the Republic in France, we found that the French legislator has set strict criteria for accepting presidential candidates. Thereupon, the fundamentallaw issued on the 18^th of June, 1976 which amended the …

The Requirement Of Standing In Public Law Cases Presented Before The Jordanian High Court Of Justice

UAEU Law Journal

Being the only legal administrative authority, the Jordanian High Court of Justice has been playing a significant role in maintaining legality or lawfulness for the last sixty years. Nonetheless, some of its interpretations and judgments have been the cause of curtailing its jurisdiction and the throwing out of court of some of its cases. This paper argues that the personal interest approach that this court has adopted stopped it from looking into a lot of sensitive cases that deal with legality or “legitimacy” and safeguarding Human Rights. This paper will show that personal interest in public law cases “contentieux objectif …

Section Ii Safeguarding Of The Process Of Running For The Presidency Office, Sharif Youssef Khater

UAEU Law Journal

The subject – matter of our research is the Criteria of nomination for the presidency of the Republic whether inFranceor inEgypt. It has been studied in two chapters where the first one has beenallocated for studying the application of nomination for the presidency of the Republic whether inFranceor inEgyptand the Second one has beenallocated for studying the competent authority for accepting the applications of nomination for presidency.

The second chapter isallocated for studying the Competent authority for accepting the applications of nomination whether inFranceor inEgypt. We find that the French legislator has given the ConstitutionalCouncil the mission of accepting and …

The Constitutional Presumption As Basis For The Functioning Of The Constitutional Judge, Eid Ah. Alhosban

UAEU Law Journal

Constitutional law is one of the prime judicial institutions that aim to ensure proper legislative policy; therefore, the focus of the work of constitutional judges is to control the work of the legislature to protect the Constitution, including rights and freedoms of individuals. To protect the work of the legislature from the results of the constitutional provisions, the law is always issued in conjunction with the constitutional presumption. This presumption is the most important safeguard that enhances the confidence of Parliament emanating, on the one hand, from the popular will of the people and on the other hand, it constitutes …

The Legislative Formation Of The Temporary Law Of The Parliament Elections, An Analytical And Critical Study, Eid Ah. Alhosban, Abeer Ba. Dababneh

UAEU Law Journal

The legislative drafting of any law is a standard for judging the adequacy of this law; the more marked the drafting of legislative precision and discipline of the law, the more responsive this law will be to the requirements of society, and the more equitable and effective it will be. The temporary 9/ 2010 Law of Election to the House of Deputies is one of the most important political laws that bear sensitivity to the popularity basis, where the outcome of a House of Deputies is able to carry out its constitutional duties in terms of oversight and legislation.

With …

Exceptions Of The Principle Of Imperative Reasoning Of Individual Administrative Decisions In France

UAEU Law Journal

The imperative reasoning of administrative decisions is considered one of the most important landmarks of the policy of administrative clarity. It means that the administration has to be committed to give legal and substantial reasons upon issuing such decisions. Such procedure allows the senior officers to know the reasons of the decision while reviewing the decision addressed to them and influencing their legal positions. Such action achieves understanding and cooperation between the administration and its customers. It enhances the confidence bridges between the two parties and facilitates the administration's task to realize public welfare. This principle was adopted by the …

Constitutional Controls For Necessary Legislation In The Uae: A Comparative Study- 2nd Part, Amani Omar Mohammed

UAEU Law Journal

The third chapter deals with the practical application of the necessary legislations in the United Arab Emirates.

This chapter is divided into two sections, the first one addresses the especial nature of the ruling system and the legislation authority according to the U.A.E. constitution, While the second section is devoted to the study of constitutional standards for the legislation necessary according to the constitution of the United Arab Emirates.

I concluded that the necessary legislations are applicable in all countries that protect constitutional legitimacy. These legislations are not used except in cases of extreme necessity, and they have common features …

The Extent Of Constitutional Protection For Public Utilities, Sam Dallah

UAEU Law Journal

Regardless of the role of the State and the extent of its intervention, the public utilities, in its organic dimension connected with the public authority concept and the objective dimension connected with the concept of public activity, is considered one of the main tools by which the state exercises its sovereign functions and interventions.

Given the changes that have occurred in the role of the State, which led either to more intervention or more of its withdrawal from some sectors, and the subsequent crisis in the concept of public utilities, in addition to the emergence of mandate exercises or privatization …

Constitutional Right Of The Individual In The Environment Between The Differences In Jurisprudence (Fiqh) And The Judiciary Orientations: First Section, Amira Badr

UAEU Law Journal

The individual and the environment are considered as an integrated unit that we cannot imagine the existence of one without the existence of the other, so the international community became more aware that the protection of the environment is necessary for its survival, that made both states and international organizations contribute efforts in order to develop their legislations to protect the environment from all forms of degradation, pollution and to ensure life in sound and stable environment; through development and concluding international agreements dealing with this issues.

With the existence of the individual rights in healthy environment appears in relevant …

Withdrawal Of Constructive Confidence: A Comparative Study, Essam Saeed Obeidi

UAEU Law Journal

A few parliamentary systems adopted a rare form of no-confidence. This form is a constructive on the contrary of withdrawal of usual confidence, which is considered more destructive. This constructive form of no-confidence does not lead to ending the government as soon as withdrawal of the confidence by the parliament. According to this form, the Parliamentary Council cannot withdraw confidence from Prime Minister or existing government only after the election of a new prime minister as an alternative. The request to withdraw confidence should include the name of the alternative candidate at the same time. This means that the majority …

Do Democratic Constitutions Allow Unilateral Secession? A Contemplative Review Of Federal Models, Mohammed Abbas Mohsen

UAEU Law Journal

recognize any right of secession in their domestic constitutions, from through that constitutions expressly affirm the maintenance of the state's territorial integrity.

In this framework, how can we justify the secession of a territory from a democratic state our political system federalism, the question does not primarily concern a mutually agreed secession just, the question to be addressed in this paper is whether a unilateral secession could be justified in cases in which the parent state is a functioning democratic state; such a state.

Take into account might be some comparative constitutions are include constitutional right of secession, Many constitutions …

Bicameral System And The Legislative Performance Research Of Some Aspects Of The Legislative Policy In The Kingdom Of Bahrain: A Comparative Study, Prof. Abdul Rahim Maslouhi

UAEU Law Journal

Bicameralism is one of the most salient features of the legislative power in the Kingdom of Bahrain since its constitutionalization in 2002. This article addresses the question of the relevance of bicameralism in geographically limited countries such as Bahrain. While the use of this system is justified in different ways according to the legal schools and the historical context of countries as well as their territorial and political structure, the reference documents that have marked the constitutional landscape of the Kingdom since 2002 link the choice of bicameralism to a functional and technical justification, which is in this case legislative …

Comparison Between The Competencies Of Provinces And Governorates Not Organized Within A Region In Iraq, Dr. Mohammed Dhannoon Yonus

UAEU Law Journal

The curriculum of the distribution of competencies between the federal authority and the provinces and governorates in Iraq in accordance with the 2005 valid Constitution makes the provinces and governorates are the original competence and the federal authority is the exclusive competence. So what is within the exclusive competence contained in Article (110) of the Constitution belongs to the federal authority and everything else is within the competence of the regions, and in some cases it is within the competence of the governorates not organized in a region as well. The constitutional legislator has rectified some of the prerogative of …

Control As A Response Mechanism To The Variables Of The Constitutional Reality In The Maghreb Countries: Tunisia, Algeria And Morocco, Dr. Smaein Lebadi

UAEU Law Journal

In response to constitutional changes, and the tendency of the Maghreb countries to reinforce the rights and freedoms, constitutional monitoring has been incorporated through the exception mechanism of unconstitutionality of individuals, in the context of recent constitutional changes in the Maghreb countries: Tunisia, Algeria and Morocco. This mechanism, which is expected to be implemented in 2019 for the first time, although it is constitutionally prescribed, but the legislative texts organizing the mare different in terms of application which revolves between openness and tightening the rules in each of these countries .The Tunisian legislator has extended the scope of monitoring with …

Legal Security Considerations In The Provisions Of The Iraqi Constitutional Court: A Comparative Study, Nather Alqaisi

UAEU Law Journal

The importance of monitoring the constitutionality of laws by establishing the foundations of the principle of legality and the protection of rights and freedoms relating to individuals, and when the constitutional judiciary exercise its function in the control of the constitutionality of laws, the provisions of the unconstitutional text of the law has been applied for a period of time and arranged the rights of individuals requires that the implementation of the provision impact Retroactive to the principle of legality, but the application of this concept to launch may lead to the absence of the principle of stability of legal …

Provisions Of Authenticity Under The Jordanian Constitutional Court Rulings And Their Implications: A Comparative Study, Dr.Shath Aalassaf

UAEU Law Journal

The importance of constitutional judiciary derives from its major role in exercising control over the constitutionality of laws; thereby providing a strong fence protecting the provisions of the Constitution as the supreme legislation in the State. The judgments issued by Constitutional Courts and the authenticity they enjoy along with the impacts incurred constitute ones of the most important topics which should receive major attention and deliberation. This research has concentrated on the authenticity of the judgments of the Jordanian Constitutional Court and their impacts on the Jordanian Law, and on comparing such judgments to those of the Egyptian Law. The …