about the Role of Supreme Court in the Constitutional System of the State

EDAC publishes the dissertation of the detainee Dr. Hadef Al-Owais

06:16
15 Sep 2021
EDAC publishes the dissertation of the detainee Dr. Hadef Al-Owais

Emirates Detainees Advocacy Centre (EDAC) has obtained a copy of the doctoral dissertation that Dr. Hadef Al-Owais submitted to Durham University in 1989. 
The dissertation was entitled "The role of the Supreme Court in the constitutional system of the United Arab Emirates - a comparative study" and was supervised by Professor Colin Warbrick, one of the best known professors of international law in the world and the recipient of numerous royal honors. 
The topic of the doctoral thesis submitted by Al-Owais at that time is one of the most prominent topics that were of concern to researchers in the field of international and constitutional law. Discussions on the role of Supreme Court in federal systems were among the topics that occupied the minds of constitutional lawyers. 
It is worth noting that the propositions and observations made by Dr. Al-Owais in his study on the role of Supreme Court in the Emirates are still being referred to today. Al-Owais was of the view that the UAE Supreme Court should play a greater role than just interpreting laws, and that it should have the power to repeal laws that are not in accordance with the constitution of the state, and called for it to be granted independence, which has not yet been achieved. 
The aim of the study was to explain the importance of the Supreme Court in the constitutional system of the United Arab Emirates and to identify the potential contributions that the Court could make to the development of the constitutional system in the Emirates, as well as to suggest ways to improve the effectiveness of the Court. 
Al-Owais presented a brief analysis of the modern history of United Arab Emirates and the characteristics of the constitutional system, and then discussed the role of constitutional courts in contributing to federal contribution systems, as well as the theoretical basis for contributing to the development and maintenance of constitutional systems. 
Al-Owais chose the U.S. Supreme Court and the West German Supreme Court as comparative examples to advance his arguments about the role that constitutional courts can play in exercising judicial review, and provided a detailed analysis of these courts. 
Al-Owais then moved on to examine the constitutional system of the United Arab Emirates and provided a comprehensive assessment of the legal organization of the Supreme Court in the UAE system. He then made suggestions and recommendations to improve the contribution of the Supreme Court in the UAE. 
It is noteworthy that before his arrest, Al-Owais was the head of the legal department of the College of Sharia and Law at the UAE University, and the dean of the College of Graduate Studies in it.