| Introduction
 Since the establishment of
the Federation in 1971, the seven emirates comprising
the UAE have forged a distinct national identity
through consolidation of their federal status and now
enjoy an enviable degree of political stability. The
UAE ’s political system, which is a unique
combination of the traditional and the modern, has
underpinned this political success, enabling the
country to develop a modern administrative structure
while at the same time ensuring that the best of the
traditions of the past are maintained, adapted and
preserved.
Sheikh Zayed with
Sheikh
Rashid |
In 1971
the country's population was a mere 180,000, in an
area of 83,600 square kilometers and there were
substantial differences between the individual
emirates, in terms of size, population, economic
resources and degree of development. The larger
emirates of Abu Dhabi and Dubai were already oil
exporters, and the process of economic development was
well under way. At the other end of the scale, Ajman,
the smallest emirate, had an area of only 260 square kilometers, whilst the East Coast emirate of Fujairah,
with only a few tens of thousands of inhabitants, was
not even connected by a proper road through the
mountains to the rest of the
country.
First hoisting of the flag of the
United Arab
Emirates, 2 December 1971
|
Federal
Constitution
Each of the component emirates of
the Federation already had its own existing institutions of
government and to provide for the effective governing of the
new state, the Rulers agreed to draw up a provisional
Constitution specifying those powers which we re to be
allocated to new federal institutions, all others remaining
the prerogative of the individual emirates.
Assigned to the federal
authorities, under Articles 120 and 121 of the Constitution,
were the areas of responsibility for foreign affairs,
security and defence, nationality and immigration issues,
education, public health, currency, postal, telephone and
other communications services, air traffic control and
licensing of aircraft, as well as a number of other topics
specifically prescribed, including labour relations,
banking, delimitation of territorial waters and extradition
of criminals.
In parallel, the Constitution
also stated in Article 116 that: ‘the Emirates shall
exercise all powers not assigned to the federation by this
Constitution’. This was reaffirmed in Article 122, which
stated that ‘the Emirates shall have jurisdiction in all
matters not assigned to the exclusive jurisdiction of the
federation, in accordance with the provision of the
preceding two Articles’.
The new federal system of
government included a Supreme Council, a Cabinet or Council
of Ministers, a parliamentary body, the Federal National
Council and an independent judiciary, at the peak of which
is the Federal Supreme Court.
Supreme Council of
the Federation
First meeting of the Federal
Supreme
Council after Ras al-Khaimah joined
in
1972 |
In a spirit of
consensus and collaboration, the rulers of the seven
emirates agreed during the process of federation that each
of them would be a member of a Supreme Council, the top
policy-making body in the new state. They agreed also that
they would elect a president and a vice president from
amongst their number, to serve for a five year term of
office. The Ruler of Abu Dhabi, Sheikh Zayed bin Sultan Al
Nahyan, was elected as the first President, a post to which
he has been re-elected at successive five yearly intervals,
while the Ruler of Dubai, Sheikh Rashid bin Saeed Al Maktoum, was elected as first Vice President, a post he
continued to hold until his death in 1990, at which point
his eldest son and heir, Sheikh Maktoum bin Rashid Al
Maktoum, was elected to succeed him.
Federal
National Council
The Federal
National Council (FNC) has 40 members drawn from the
emirates on the basis of their population, with eight for
each of Abu Dhabi and Dubai, six each for Sharjah and Ras
al-Khaimah, and four each for Fujairah, Umm al-Qaiwain and
Ajman. Presided over by a Speaker, or either of two Deputy
Speakers, elected from amongst their number, the FNC is
responsible under the Constitution for examining, and, if it
wishes, amending, all proposed federal legislation, and is
empowered to summon and to question any Federal Minister
regarding Ministry performance. One of the main duties of
the FNC is to discuss the annual budget. Specialized sub-committees and a Research and Studies Unit have been
formed to assist FNC members to cope with the increasing
demands of modern government.
Federal
judiciary
The federal
judiciary, whose independence is guaranteed under the
Constitution, includes the Federal Supreme Court and Courts
of First Instance. The Federal Supreme Court consists of
five judges appointed by the Supreme Council of Rulers. The
judges decide on the constitutionality of federal laws and
arbitrate on intra-emirate disputes and disputes between the
federal government and the emirates.
Local
government
Parallel to, and,
on occasion, interlocking with, the federal institutions,
each of the seven emirates also has its own local
government. Although all have expanded significantly as a
result of the country's growth over the last 27 years, these
differ in size and complexity from emirate to emirate,
depending on a variety of factors such as population, area,
and degree of development.
Traditional
government
Traditionally, the
ruler of an emirate, the sheikh, was the leader of the most
powerful, though not necessarily the most populous, tribe,
while each individual tribe, and often its various
sub-sections, also generally had a chief or sheikh. Such
rulers and chiefs maintained their authority only insofar as
they were able to retain the loyalty and support of their
people, in essence a form of direct democracy, though
without the paraphernalia of western forms of suffrage. Part
of that democracy was the unwritten but strong principle
that the people should have free access to their sheikh, and
that he should hold a frequent and open majlis, or council,
in which his fellow tribesmen could voice their
opinions.
