The Restrictions Imposed on the Procedures for Amending the Constitution in the United Arab Emirates (A Comparative Study)

Abstract

The research aimed to identify the motives for amending the constitution, clarify the authority responsible for amendment and its scope, define the concept of amending the constitution and its motives, and the restrictions imposed on the procedures for amending the constitution in the United Arab Emirates. The research relied on the comparative analytical approach, by analyzing what the rules stipulated in the federal constitutional system in The United Arab Emirates, as well as the comparative constitutional systems. The research reached several results, the most important of which is that the federal constitution in the UAE falls within the framework of rigid constitutions, and that its rigidity is relative and not absolute. This is due to the fact that all of its provisions are subject to amendment, and there is no text in the UAE constitution that prohibits amending some of its provisions permanently or during a specific period of time. Therefore, it is permissible to amend the provisions of the UAE Constitution by following special procedures stipulated in the Constitution that differ from those by which ordinary laws and legislation are amended. Among these procedures is that the proposal to amend the constitution falls within the jurisdiction of the Supreme Council of the Federation. Accordingly, the research recommended that the procedures for amending the constitution in the UAE should not begin except after a broad and in-depth discussion, meaning that the amendments should not be limited to a specific number of individuals, and citizens should be given an opportunity to express their opinion before starting the amendment.