A Tribute to the UAE Federal Supreme Court on its 40th Anniversary

Analysis

This Article is perhaps timely as it coincides with the 40th Anniversary of the founding of our Federal Supreme Court, which was founded by Federal Law No 10/1973 with effect from 1st September 1973. It issued its first judgment on 29 November 1973.

A second and more important reason for writing on the subject is the realization amongst the legal fraternity of the ever important and increasing role being played by our Federal Supreme Court (FSC) in not only upholding but clarifying and consolidating the principle of the rule of law, by exercising its constitutional mandate under the Federal Constitution. Under Article 58 of Federal Law No. 10/1973, the FSC is vested with the power to adjudicate on the constitutionality of federal laws and local laws and to strike them down if, and to the extent, they are inconsistent with the constitutional principles enshrined in our constitution. This is an implementation of Article 99 of the Federal Constitution which partly reads:

“The Union Supreme Court shall have jurisdiction over the following matters:

  1. Examination of the constitutionality of the Federal laws…