Page 405 - UAE Truncal States

Chapter Nina

for a hierarchy of courts which culminates in I ho Union Supreme
Court.'37 This court is a constitutional court comparable to the
Bunclesverfassungsgericht of the Federal Republic of Germany. It
adjudicates on disputes between the central authorities as well as
between these and the local authorities. Above all it acts as the
watchdog, ensuring that the constitution is adhered to and reigns
supreme. This court is also the highest court of appeal, 138 The
independence of its judges and their immunity from removal from
office is guaranteed in the relevant articles of the constitution.
Below the Supreme Court of the UAE the constitution stipulates
the establishment of one or more Primary Tribunals which have
jurisdiction in civil, commercial and administrative disputes be­
tween the Slate and citizens and in cases pertaining to the permanent
capital.130 The Primary Tribunals are expected to be courts of appeal
above the local judicial authorities, but the constitution also
prepared the ground for transfering all or part of the jurisdiction of
local courts to the Primary Tribunals. Little guidance can be found in
the constitution on the relationship between local and Union courts.
The division of the legislative, executive and judiciary powers
between the authorities of the Union is not meticulously defined,
because this is not the primary objective of this provisional
constitution. It was intended as the modus vivendi which was most
acceptable to the seven Rulers and also not unacceptable to the local
tribal population and the rest of the inhabitants of the UAE. The
emphasis is on providing the basis for integrating seven Emirates
and weaving the fabric of a united State. This is why in an analysis of
the distribution of powers the figure of the President emerges as the
authority actually holding or being able to command more power
than any of the other authorities. The tribal society can trust its own
means to counterbalance excessive authoritarian tendencies on the
part of a powerful central figure. Thus the constitution’s emphasis on
unification and centralisation, even at the expense of a neater
division between the powers, is not out of tune with the political
expectations of the society, particularly if the central figure is a
charismatic leader.

6 Ten years of Federation

The provisional constitution remains in force
Although the provisional constitution stipulates in the preamble that
a permanent constitution should be prepared, ten years later it is still

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