Introduction
Although the legal system of the United States of America is one well-known in the world due to its extensive depiction by the media, basic familiarity of other legal systems, and, relevant aspects of international cooperation issues is an indispensable element of a law enforcement professional expertise.
This research discusses the differences in substantive and procedural law, judicial review, policing systems and international police cooperation between the United States of America and the United States of America.
Substantive Law
Substantive law matters in the USA and the UAE are dramatically different. Thus, both civil and criminal substantive law provisions in the United States are the fusion of common and statutory law (McAlinn, Rosen & Stern, 2010). In other words, the legislative statutes are used to form the main principles of the legal system, while the courts’ precedents are used to interpret them. Some aspects of substantive are exclusively regulated by the courts. In addition, it is important to remember that the United States is a federation, where substantive law frameworks vary from state to state (Broyles, 2011). The most socially important issues are regulated by the federal statutes and precedents. Furthermore, there is a hierarchy of precedents in the USA – the ones made by the Supreme Court of the United States override state precedents.
In contrast, in the UAE the legal system is a combination of the European continental and traditional Sharia law (Cotran, Lau & Kattan, 2008). Because the government is actively developing the local economy, continental system of law is mostly used in commercial segment, while the Sharia law governs penal deeds. The primary authority for understanding what is right and wrong is the Holy Quran. Sometimes, the decisions of courts may be contradictory and incoherent from the western point of view. The European and American lawyers face serious difficulties in understanding the logic of the UAE courts.
Procedural laws
Procedural aspects in the United States courts, both civil and criminal, are governed by the various procedural codes, adopted by the state legislatures (McAlinn, Rosen & Stern, 2010). Each state has its rules of civil and criminal procedures, while federal rules determine how the process is administered in the federal courts of law, which have jurisdiction over certain categories of civil issues and crimes. Controversial issues are resolved by the case law. E.g., the so-called Miranda rights are the product Miranda v. Arizona (1966) decision of the United States Supreme Court.
In contrast, procedural law in civil and commercial disputes in the UAE is governed by the single UAE Civil Procedures Law 11 of 1992, which has nationwide incidence. The decisions of the UAE courts in relation to procedural disputes have no impact on further proceedings (Al Tamimi, 2003). In criminal law, the procedure is determined by the Sharia law. In reality, it is the judge or panel of judges, who decide how to summon the parties, and other aspects. The process is mainly ad hoc, i.e. each court determines the process in each case individually.
Judicial Review
Judicial review is a fundamental element of the national democracy. State courts are empowered to challenge local legislation. On a federal level, the United States Supreme Court can overrule the acts of Congress (McAlinn, Rosen & Stern, 2010). It is an important element of the fundamental principles of checks and balances, which underpins the entire United States system of democracy. The courts ensure that the laws adopted by the Congress and by the local legislatures correspond to the interests of the American people. The key feature of the American legal system that the ability of courts to challenge the acts of Congress of local parliaments are restricted by the provisions of the USA Constitution only, which, under certain conditions may be changed as well. Theoretically, the perspectives of judicial review are unlimited in the United States.
In the United Arab Emirates Court of Cassation is entitled to review the decisions of the government. Yet, it is important to emphasize that it is impossible to challenge the provisions of Islamic law. While the courts are free to interpret it in a way, which they consider necessary, the possibility of abrogation fundamental provisions of Sharia is non-existent. Thus, the pivotal difference between the United States and the UAE systems of judicial review is potential scope of judicial challenge. In the USA, it is hypothetically possible to challenge everything. In the UAE, the courts can impeach governmental decisions, but as long as the challenge is harmonious with the ideas of Sharia (Al Tamimi, 2003).
Policing Systems
Policing in the United States of America is based on the western model, i.e. any policy launched by the Congress or by the Administration should reflect values and interests of the American people. As representatives of the population, the Congressmen develop and implement policies, which are purportedly the manifestations of people’s will. Even though the population often prevalently disapproves certain policies, in the long run the strategies, formed by the parliament and the government, are beneficial to the society.
In the UAE, policing is subject to political will of the Sheikh, and have divine assent. The society and its approval are in no way implicated in these processes.
International Police Cooperation
The United States is an active member of the international law enforcement community, having ratified 112 extradition agreements with different countries (Broyles, 2011). The country actively uses international mechanisms for prosecuting international criminals.
In contrast, although UAE is a signatory (it has not been ratified yet) to the Rome Statute and a member of Interpol, the country does not actively participate in international cooperation. The country law enforcement prefers not to divulge internal criminal proceedings, and relies on domestic methods of prosecution (Cotran, Lau & Kattan, 2008).
Conclusions
References
Al Tamimi, E. (2003). Practical guide to litigation and arbitration in the United Arab Emirates. The Hague: Kluwer Law International
Al Tamimi, E. (2003). Practical guide to litigation and arbitration in the United Arab Emirates. The Hague: Kluwer Law International
Broyles, D. (2011). Criminal law in the USA. Alphen aan den Rijn, The Netherlands: Wolters Kluwer Law & Business
McAlinn, G., Rosen, D., & Stern, J. (2010). An introduction to American law. Durham, NC: Carolina Academic Press
