The Right of the Public Employee to Nominate and be Elected to the Federal National Council in the UAE Legislation "a comparative study

Authors

  • dr. Mustafa Salem Mustafa University of Sharjah - College of Law

DOI:

https://doi.org/10.35246/jols.v37i1.453

Keywords:

Election, Candidacy, Voting, Moral Capacity, Judicial Protection, Controls, Conditions, Restrictions, Election Law

Abstract

The right to nominate and vote is one of the most important political and constitutional rights of citizens in general and public officials because it is related to the popular will, and as they represent the legal way to exercise sovereignty through the selection of members of Parliament to take over on behalf of the nation.

However, these rights, like other rights, are subject to legal regulation. Therefore, the constitutions meant it to give them a great deal of prestige, and the various laws dealt with it by defining the electorate and the conditions that should be fulfilled in the candidate and the voter.

Countries differ in their position of the public servant as conditions for membership in the Parliament, with setting controls and restrictions that respond to their exercise in proportion to their sovereignty. Manipulating them leads to problems in the scope of practical application and has caused

 

legal and judicial controversy that appears in every electoral process.

We have divided this research into three sections, the first is entitled the public servant and the exercise of the right to candidacy, the second is entitled the public servant and the exercise of the right to vote, and the third is entitled Judicial protection of the public servant's right to nominate and vote.

We have reached several conclusions, the most important of which is that the UAE legislator must stipulate that the employee enjoys citizenship instead of being subordinate to one of the Emirates. And that the UAE legislator was satisfied with the knowledge of reading and writing, and that the UAE legislator permitted the combination of a public job and a local job in addition to many recommendations.

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References

First: The books

I- Al-Ghafli,Dr. Hamdan Muhammad, 2016, The Election Industry in The Emirates, Dar Al-Nahdha Al-Arabiya, Cairo.

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Second: Theses and Scientific Letter

I- Abd Al-Qader, Dr. Ahmed Abd Al-Ghani Mohamed, 2012, The Public Servant’s Exercise of Religious and Political Freedoms in Positive and Islamic systems, comparative study, PhD Thesis, College of Law, Ain Shams University.

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V- Iraqi Parliament Elections Law No. 9 of the year.

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VII- Egyptian House of Representatives Election Law No. 46 of 2014.

VIII-Egyptian Parliament Law No. 46 of 2014.

IX - Resolution of the President of the United Arab Emirates No. 3 of 2006

X-Executive Instructions for the Federal National Council Elections for the year 2019.

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XII - Iraqi Parliament's internal system for the year 2006

XIII - Law of the Independent High Commission of Iraq No. 11 of 2007

XIV- Loi électorale française en vigueur le 20 novembre 2021

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I-Burdeau (G). 1997, Droit constitutional et institutions politiques, 18 e ed, L.G.D.J.

II-Christian Brunelle and Melaine Samson, La liberte d expression au travail et 1 obligations de loyaute du salarie: plaidoyer pour un espace critique accru. Volume 46, Faculte de droit de 1 Universite Laval. Number 4.

III- Jean Paul Charany. 1965, Le suffrage politique in France. Paris.

IV-Paplouis fougere. 1966, La function publique, chix detexies, commentes bruxelles, unesco.

Maselet Jean-Claude, 1992, Le droit des election politique, P U F, France.

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Published

2022-06-15

How to Cite

Salem , Mustafa. 2022. “The Right of the Public Employee to Nominate and Be Elected to the Federal National Council in the UAE Legislation "a Comparative Study”. Journal of Legal Sciences 37 (1): 111-78. https://doi.org/10.35246/jols.v37i1.453.

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