Date of Defense
7-11-2025 10:00 AM
Location
College of Law – H2 (1005)
Document Type
Thesis Defense
Degree Name
Master of Public Law (MPL)
College
College of Law
Department
Public Law
First Advisor
Dr. Magdi Shouaib
Abstract
This study aims to demonstrate that the constitutional judiciary constitutes the fundamental guarantee for the supremacy of the Constitution and the protection of rights and freedoms. It exercises subsequent control over legislative provisions to ensure their conformity with the Constitution. The judgments rendered by the constitutional court are objective in nature, directed at the challenged provision itself rather than the individuals concerned, which grants them absolute authority binding upon all legislative, executive, and judicial authorities, as well as individuals. Such judgments are not subject to any means of appeal. The importance of a judgment declaring unconstitutionality is reflected in its wide-ranging effects, especially since the relevant legislative provisions may have been in force and applied for many years. Therefore, it is necessary to carefully address the implications of such judgments in order to avoid disruption of legal relationships or the creation of a legislative vacuum. For this reason, the UAE legislator has paid special attention to regulating these judgments in a manner that balances the protection of rights and freedoms on one hand, and the preservation of legal stability and public order on the other. In the field of tax legislation, a judgment declaring unconstitutionality has a direct impact on the financial rights of individuals as well as on the State’s public treasury. Accordingly, the UAE legislator has adopted a specific approach to dealing with the effects of such judgments, seeking to achieve a balance between protecting individual interests and maintaining public revenues. As for criminal provisions, given the gravity of their consequences on individual liberty and the right to life, the general rule is that a judgment declaring unconstitutionality shall have retroactive effect, so that all persons to whom the unconstitutional provision was applied may benefit from it, in order to ensure equality and criminal justice.
Included in
THE EFFECT OF THE JUDGMENT RENDERED BY THE FEDERAL SUPREME COURT DECLARING UNCONSTITUTIONALITY
College of Law – H2 (1005)
This study aims to demonstrate that the constitutional judiciary constitutes the fundamental guarantee for the supremacy of the Constitution and the protection of rights and freedoms. It exercises subsequent control over legislative provisions to ensure their conformity with the Constitution. The judgments rendered by the constitutional court are objective in nature, directed at the challenged provision itself rather than the individuals concerned, which grants them absolute authority binding upon all legislative, executive, and judicial authorities, as well as individuals. Such judgments are not subject to any means of appeal. The importance of a judgment declaring unconstitutionality is reflected in its wide-ranging effects, especially since the relevant legislative provisions may have been in force and applied for many years. Therefore, it is necessary to carefully address the implications of such judgments in order to avoid disruption of legal relationships or the creation of a legislative vacuum. For this reason, the UAE legislator has paid special attention to regulating these judgments in a manner that balances the protection of rights and freedoms on one hand, and the preservation of legal stability and public order on the other. In the field of tax legislation, a judgment declaring unconstitutionality has a direct impact on the financial rights of individuals as well as on the State’s public treasury. Accordingly, the UAE legislator has adopted a specific approach to dealing with the effects of such judgments, seeking to achieve a balance between protecting individual interests and maintaining public revenues. As for criminal provisions, given the gravity of their consequences on individual liberty and the right to life, the general rule is that a judgment declaring unconstitutionality shall have retroactive effect, so that all persons to whom the unconstitutional provision was applied may benefit from it, in order to ensure equality and criminal justice.