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Constitutional protection of the Human Right Dignity in UAE Law

God Almighty created Man and made him his successor on Earth. He honored him above all other creatures and granted him all means to protect his human dignity, yet to date some societies violate and breach that protection. We are still hearing of the persecution of blacks in the USA and murdering Muslims in foreign countries even though these groups are entitled to the right to human dignity. The right to human dignity is a sacred right that is guaranteed for all individuals regardless of their color, sex, race, religion or origin. The real problem we are facing is that many societies do not provide sufficient protection for this right and do not put penalties and punishment in case this right is violated. There are numerous forms of the right to human dignity, including, but not limited to, the preservation of human dignity by prohibiting torture, assault, discrimination, violence, etc. Some countries protected that right directly by including it in their constitutions and legislations, while others set penalties only in case such right is violated without directly referring to it.

In this research, we will shed light on the constitutional protection of the right to human dignity. First, we will explain the nature of the right to human dignity and the origin of it in the Abrahamic religions and international charters, then we will discuss some forms of this noble right, and finally we will show Position of the UAE legislation in this regard.

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Criminalization of Graft in Palestinian Legislation between Constitutional Legitimacy and Procedural Necessity : A Comparative Study

This study aimed to identify the extent of the constitutionality of proving the crime of graft regarding transferring the burden of proof to the accused and its violation of the presumption of innocence. The presumption of innocence, unlike the Kuwaiti legislator, who did not shift the burden of proof in the crimes of illegitimate gain, and that the proof of the crimes of illegitimate gain according to the Palestinian and Jordanian legislators are linked to two forms: actual exploitation and judgmental or presumed exploitation, while the Kuwaiti legislator has limited proof of illegitimate gain crimes in the form of The study recommended a set of recommendations for an amendment to the text of Article 3 of Decree Law No. 37 of 2018 regar

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Publication Date
Wed Apr 10 2019
Journal Name
Journal Of Legal Sciences
Constitutional conformity between the provisions of the Income Tax Law No. 113 of 1982, amended and the constitutional principles and rights

     The idea of ​​congruence with constitutionality is based on the extent to which the minimum laws comply with the supreme constitution, because the latter contains constitutional principles and rules that have been established in the legal conscience of the nation and gained the satisfaction of the people.

    Based on the foregoing, ordinary laws derive their force and legitimate legitimacy from the extent of their commitment to the provisions of the Constitution and any violation must be amended the law contrary to the constitutional principles by canceling or abstain from application according to the regulatory system in force

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Selling the real estate securing the privilege of the public treasury in a public auction A study in the UAE law

The concession rights established for the public treasury are returned to the debtor’s funds, whether they are real estate or movables, and they may be returned to a specific amount of these funds, in accordance with the relevant laws. The legislator in the United Arab Emirates, according to the general rules, did not stipulate that this right be registered with the competent real estate registration department. This may lead to the sale of the property securing the concession right of the public treasury without the knowledge of the competent department of the treasury department to claim this right.

In selling by judicial public auction, the legislator requires certain procedures through which the real estate is purged of acc

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Publication Date
Fri Dec 31 2021
Journal Name
Journal Of Legal Sciences
The legal basis for the right to the city (a comparative study)

The issue of human rights occupies great importance on the academia as well as in the reality, especially after the spread of ideas related to these rights on one hand and the large number of violations they are exposed to on the other hand, which makes it necessary to develop fundamental solutions to the remove the obstacles of implementing human rights.

      In this research entitled (The Legal Basis of the Right to the City: A Comparative Study) we dealt with a new concept of human rights and discussed the basis upon which it is based in international charters, constitutions and domestic laws.

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
The Right of the Public Employee to Nominate and be Elected to the Federal National Council in the UAE Legislation "a comparative study

The right to nominate and vote is one of the most important political and constitutional rights of citizens in general and public officials because it is related to the popular will, and as they represent the legal way to exercise sovereignty through the selection of members of Parliament to take over on behalf of the nation.

However, these rights, like other rights, are subject to legal regulation. Therefore, the constitutions meant it to give them a great deal of prestige, and the various laws dealt with it by defining the electorate and the conditions that should be fulfilled in the candidate and the voter.

Countries differ in their position of the public servant as conditions for membership in the Parliament, with set

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Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
The scope of parliamentary immunity in the UAE Constitutional organization: Comparative Study

The immunity enjoyed by members of parliament is one of the most important guarantees for the performance of their parliamentary work, which protects them from threats or any reprisals against them.

There are two types of immunity:

  Objective immunity: the member does not bear any responsibility for the opinions, ideas, and statements he expresses within the council or its committees, but even outside it by some systems.

  Procedural immunity: that prevents criminal actions from being taken during or outside the session of the Council, with the approval of a body specified by the constitutions of the countries under study, but it is restricted by conditions and controls stipulated. It contains constitut

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Exclusion Of Application Of Foreign Law Provisions For Violating Islamic Sharia Law In Terms Of Article (27) Of The UAE Civil Transactions Law Amended By Federal Decree-Law No. (30) of 2020

This study is about the subject of exclusion of the application of foreign law as it violates the Islamic Sharia law in terms of Article (27) of the UAE Civil Transactions Law as amended in 2020, which before that date included all disputes involving a foreigner. According to the amendment referred to, the application of Islamic Sharia law shall be limited to civil transactions with the exclusion of personal status affairs.

The study concluded with many results, the most important of which is that the current text of Article (27) of the Civil Transactions Law as amended in 2020 is unable to explain what the judge may do in cases where the foreign law jurisdiction is referred to in one of the excluded texts, namely those related t

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
The right to equality and the position of the constitutional judiciary

The public rights and freedoms are important constitutional issues; hence, all countries confirm them within the constitutional and legal texts. The principle of equality is considered one of the fundamental principles of the public rights and freedoms; therefore, all authorities must sponsor equality and maintain it, even though it is difficult to achieve equality in absolute terms among all individuals. The constitutional courts use various concepts that affect their rulings, based on their interpretation and determination of the concept of the principle of equality, because there are several understandings of the “principle of equality”.

 A careful reading of the judicial decisions reveals different meanings to the co

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The constitutional treatment of the constitutional deficiency “diagnosis and treatments” study within the framework of the Iraqi constitution for the year2005

          Constitutions, no matter how divided and separated in the constitutional rules, the perception that there is a constitutional deficiency here or there in constitutional matters is inevitable, so the constituent authority cannot claim infallibility or negligence and is fortified in the circle of legislative deficiency.  Treated by modification and judicial interpretation.

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Procedural protection for the disabled

The increase in the number of people with special needs in general, and especially the category of the disabled, whose numbers in the communities reached about 10% - 15% (900 million disabled people in the world, on the other hand, the confirmation of constitutional texts and international conventions and domestic legislation to approve The study deals with the most important aspects of legal protection, namely, penal protection, in its procedural form. This study deals with the extent of its adequacy and its suitability to the disabled entity, which represents some of the shortcomings of its functions in contrast to its normal hypothesis. In other words, In the case of being (Jana) in the crime in view of the guarantees that a normal pe

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