The dualism judicial system in the united states and united Arab emirates : comparative study

Abstract EN

The dualism of the judicial system in States raises many legal problems.

This dualism, which presupposes dual legal rules and duplication of courts in two federal and local jurisdictions, raises issues related to conflict of jurisdiction and distribution and conflict of judgments.

The duality of the judicial system in the United States of America originated as a legacy of the colonial period, whereas for the first time in 1789 a federal judiciary was established, at the same time all 13 British colonies had their own comprehensive judicial system based on the English model, so the federal judicial system developed alongside the local judiciary.

Pursuant to the Tenth Amendment to the US Constitution, powers not vested in the Constitution by the United States as a whole and not withheld from the States (individually) are reserved for each of these states or for the people.

The judiciary in the UAE has been influenced by the Anglo-Saxon system based on the dualism of the judicial system where there are two types of judiciary, either the federal presidency of the Federal Supreme Court on the one hand, or the local judiciary at the level of local governments members of the Union.

The UAE Constitution regulates the two types of judiciary and explains its origins in general, while its details are left to the local judiciary without contravening or contradicting the overall principles laid down by the Constitution.

Each of the seven emirates has the right to choose whether to participate in the federal judiciary, or to maintain its own local judicial system.

So, Each of the seven emirates has the right to choose either to participate in the federal judiciary or to maintain its own local judicial system.

Accordingly, the Emirates of Sharjah, Ajman, Fujairah, and Umm Al Quwain follow the federal judicial system, while the Emirates of Abu Dhabi, Dubai and Ras Al Khaimah retain local jurisdiction.