The Jurisdiction of the UAE Federal Supreme Court on Constitutional Interpretation

2021 ◽  
pp. 1-25
Author(s):  
Tarek Abo el-Wafa
Keyword(s):  
Supreme Court ◽  
Constitutional Interpretation ◽  
Legal Analysis ◽  
Basic Principles ◽  
Federal Supreme

Abstract While a Constitution embodies the basic principles and laws of a nation, its language and text may introduce ambiguity or confusion, especially during implementation of its laws. In such situations, interpretation of the text becomes more important than the text itself. The Federal UAE Constitution was issued in 1971 and includes a provision to specify the authority competent to interpret its contents. However, if the constitutional text that cited the interpretation jurisdiction of the Court is brief, then this research only gains important reason to explore the ambiguities of these texts and work. Therefore, this study aims to review and analyze Court rulings according to interpretation requests submitted to it from its inception to date. To the best of our knowledge, our study is the first to attempt to undertake the Court’s interpretative experience into a constructive legal analysis and highlight this genuine constitutional competence, which lacks a detailed discussion.

Der Wald im Lichte der neueren bundesgerichtlichen Rechtsprechung | Forest legislation in the recent jurisdiction of the Federal Supreme Court

2009 ◽  
Vol 160 (9) ◽  
pp. 263-274
Author(s):  
Alois Keel ◽  
Willi Zimmermann
Keyword(s):  
Supreme Court ◽  
Federal Law ◽  
Large Scope ◽  
Forest Law ◽  
Federal Jurisdiction ◽  
Forest Legislation ◽  
Definition Of ◽  
Forest Status ◽  
Area Planning ◽  
Federal Supreme

With the entry into force of the new Swiss Federal Law on Forests on the 1st of January 1993, the basis of decision-making for the Federal Supreme Court concerning forestry issues has, at least formally, fundamentally changed. This article depicts the development of the Federal Supreme Court's jurisdiction during 2000–2008 concerning the legislation on forests. The analysis of about 100 decisions reveals that the federal jurisdiction has, with regard to contents, barely changed in comparison to that of the federal law on supervision of the forest police of 1902. The most frequent causes of dispute are assessments of forest status, authorizations for deforestation, and forest distance regulations. The Federal Supreme Court merely refined the jurisdiction; it did not, or did not need to disclose fundamentally new lines [benchmarks]. It rather adheres to the restrictive definition of forest and the strict conservation of forests, while the cantons do not dispose of a large scope for the deforestation jurisdiction or the definition of the term “forest”. The Federal Supreme Court grants the cantons more freedom to regulate and implement the forest distance. Obvious changes can be observed concerning the number of forest law cases that have been dealt with by the Federal Supreme Court. Compared to the 1980ies and early 1990ies, they have decreased by more than half. Among others, reasons for this decrease are the cantons' obligation to appoint courts only as last cantonal resort, the improvement of the formal and material coordination of the proceedings, and the introduction of the “static forest term” with respect to building zones in the sense of the federal law on area planning.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

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