Comparison of Law of Search (USA vs. UAE)
Comparison of USA and UAE Laws
Law is very important especially in our modern times in which it is being regarded as the supreme basis of government. Law provides the system, which regulates individual and social behaviors. Two strong nations, the United States and the United Arab Emirates, have their own laws to sustain their own government in terms of providing rules and regulations in achieving system over the government.
Constitutional, Administrative and Executive Laws
United States as well as the United Arab Emirates has sources of their own laws. One source is their constitution. In the United States, the constitutional law constitutes distinctive forms of different states. Constitution in the United States is the people’s law in which made it somehow different from statues because the constitution itself cannot be amended, but statues change is amendable according to social change (Jennings, 2005). As for the United Arab Emirates, they have the FSC or the Federal Supreme Council that serves as the most powerful constitutional authority of the country. This means that both the legislative and executive functions are being vested in Federal Supreme Council and decrees, general policies as well as the federal laws are administered by FSC (Linden, 2006).
United Arab Emirates has FSC in which stands as the highest authority in terms of their constitution. However, the United States has two law sources in which their administrative and executive laws come from. The administrative laws are also referred as the CFR or Code of Federal Regulation (Jennings, 2005). On the other hand, the executive orders or executive laws are the laws coming from the executive branch of the United States’ federal government (Jennings, 2005).
Primarily in United Arab Emirates, the Islamic Shari’a is affirmed as the main source of the country’s laws (Price, 1996). The Shari’a also covers its provisions to family laws regarded as the utmost embodiments over all the other aspects (Price, 1996). That is why most forms of all laws in the United Arab Emirates are based upon Shari’a aspects.
Both the United States and the United Arab Emirates have legislative branch. The United States has two legislative branches, which are the US congress and the US senate. However, for United Arab Emirates, its legislative branch is a unicameral or one legislative body. The legislation body is headed by the country’s president through FNC or the Federal National Council. This council includes seven states that have the power to propose any new law amendments (Linden, 2006).
Human Rights Law in UAE and USA
As most of the countries, each government ensures that human rights are always protected. This is to ensure that their people’s freedom against social inequalities and freedom as citizens of their country are always in line with their human rights provisions. Both the United States and the United Arab Emirates have concrete laws protecting human rights.
The United Arab Emirates is pushing its efforts to make sure that human rights will continuously enhance as they see it as a cultural identity with special characteristics. The country ensures that respect is always being given to people’s integrity including the individuals who resides in the country (uaeinteract.com). The United Arab Emirates government is committed to making sure that social equality and justice are given to all citizens, which the constitution embodies. This entails individual’s legal rights, children and women’s rights as well as health care and education rights.
Meanwhile, the United States also has the same commitment towards human rights as stipulated in the US constitution. This commitment has started centuries ago; ensuring people’s fundamental rights are given. In fact, the country respect for people’s rights is embodied in Universal Declaration of Human Rights (state.gov). Based on its first article, all humans are born free with dignity and rights. People are gifted with conscience and reason as to act in favor of one another as a brotherhood spirit (state.gov).
Labor Law in UAE and USA
In the United States, the Fair Labor Standards Act law that was created in 1983 ensures that the provisioned child labor, minimum wages, overtime pay and recordkeeping are kept on under the standard rules (dol.gov). This law covers both public and private sectors, regardless whether a worker is a full-time or part-time. It says that an employee must receive a minimum hourly wage of $7.25and youths less than 20 years old may receive an hourly wage of $4.25 during their first ninety consecutive days as an employee (dol.gov).
On the other hand, the United Arab Emirates is imposing its own version of labor law. The country does not have a specified wage amount for the employees under the law, but it stipulates that an employee must have more than 4,000 Dirham on his monthly salary so as for him to be able to sponsor his children or spouse for country residing purpose (uaelaborlaw.com). This policy applies to immigrant workers. The country also prohibits juveniles (below 15 years old) employment regardless of the gender. Prior to employment, an employer must retain the juvenile’s personal data such as certificate of birth, physical fitness issued by a physician and the juvenile’s guardian’s written consent (uaelaborlaw.com).
References
Cotran, E., Mallat, C., & CIMEL (1995). Yearbook of Islamic and Middle Eastern law: Vol. 1. London: Published for the Centre of Islamic and Middle Eastern law at the School of Oriental and African Studies, University of London.
Employment Law Guide - Minimum Wage and Overtime Pay. (2009, September). Retrieved November 12, 2013, from http://www.dol.gov/compliance/guide/minwage.htm
Jennings, M. (2005). Business: Its legal, ethical, and global environment. Princeton, N.J: Recording for the Blind & Dyslexic.
Linden, E. V. (2007). Focus on terrorism: Volume 7. New York: Nova Science Publishers.
UAE Government: Human Rights - UAEinteract. (n.d.). Retrieved November 12, 2013, from http://www.uaeinteract.com/government/human_rights.asp
UAE LABOR LAW. (n.d.). Retrieved November 11, 2013, from http://uaelaborlaw.com/#6
US Department of State (n.d.). Human Rights. Retrieved November 12, 2013, from http://www.state.gov/j/drl/hr/
