Page 400 - Truncal States to UAE_Neat
P. 400

The Formation of the Federation

         the nascent central government with ample funds to assert itself and
         eventually to prevail over regional tendencies in many aspects of the
         new Stale’s political life.
           Compared with the constitutions of other federations such as
         Switzerland or the Federal Republic of Germany, the constitution of
         the UAE neglects, deliberately, some principles which are most
         carefully worded and jealously guarded by these federations. In the
         UAE’s constitution one cannot detect a deliberate determination to
         safeguard federalists elements vis-a-vis the centralists trends. It
         was deemed that individual shaikhdoms possessed enough of their
         original determination for self-assertion to be retained even without
         particular definition in the constitution.

         The division of powers—legislative, executive and
         judicial
         The five central authorities which share political power are listed in
         Article 45:1. The Supreme Council of the Union. 2. The President of
         the Union and his Deputy, 3. The Council of Ministers of the Union,
         4. The National Assembly of the Union, 5. The Judiciary of the
         Union.
           The Supreme Council is the highest authority in the country; its
         members are the Rulers of the seven Emirates. It is vested with
          legislative as well as executive powers. Laws and decrees of the
         Union are ratified by the Supreme Council;130 this may not always be
         a formality, since Article 110, paragraph 3(a), enables the Supreme
          Council to ratify a law which has been rejected or amended twice by
          the National Assembly. The Supreme Council’s executive power is to
         exercise “supreme control over the affairs of the Union in general”.
          (Article 47, paragraph 7). The constitution stipulates (Article 49) that
          procedural matters of the Council shall be decided by a majority vote,
          with the qualification that “on substantive matters [decisions! shall
          be by a majority of five of its members provided that this majority
          includes the voles of the Emirates of Abu Dhabi and Dubai.” No
          catalogue of these “substantive matters" is given in the constitution,
          leaving the door open for discussion and compromise. Should most
          members of the Supreme Council feel strongly about a particular
          issue, no decision would be taken without the agreement of the
          Rulers of Abu Dhabi and Dubai.
           In that the constitution does not stipulate how frequently the
          Supreme Council shall meet,131 its legislative and executive powers

                                                                 375
   395   396   397   398   399   400   401   402   403   404   405