Thursday, December 5, 2019

Complainants Alleging Illegality of Legislation

Question: Discuss about the Complainants Alleging Illegality of Legislation. Answer: Introduction: The plaintiff in this case is the Dubai restaurant owners because they the complainants alleging the illegality of the legislation that has passed. On the other hand, the defendant in this case will be the recant Dubai emirate local authority that passed the legislature through an executive body. However, it bears noting that in such cases the government is represented by the Attorney general who is the state lawyer. In this case the plaintiff will be seeking for an equitable remedy. Under the common law system a legal remedy is restricted to remedies such as damages. However, the common law remedy of damages may never adequately redress the complainant in a case (Bray, 2005). An equitable remedy is awarded at the discretion of the court when damages may be an inadequate remedy. The source of the law in question here is the statutory which is derived which is derived from the federal legislature. Statute law is made by the legislature which is the principal law making body in most go vernments that apply the tripartite system of separation of powers. However, it is imperative to note that most statutory or legislative power is derived from the constitution which is predominantly the grundnorm.The three main structure of the courts in UAE are the civil, criminal and sharia courts (Dubai, 2005). Sharia courts apply the Islamic law that is absed on the teachings of the Quran. Although the highest court in UAE is the Abu Dhabi Supreme Court Dubai has been indisposed to be part of the federal law system and therefore it does not have the federal law courts. References Bray, S. L. (2011). Announcing Remedies. Cornell L. Rev., 97, 753. Dubai. (2005, March 22). The UAE Court System. Retrieved April 10, 2017, from https://dubai.usconsulate.gov/emergency_uae_court.html

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