Constitution of the United Arab Emirates/Part 10

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PART X
CLOSING PROVISIONS^[1]

Article (144^[2])

a. If the Supreme Council finds that the high interests of the UAE require the amendment of the Constitution, it submits a draft constitutional amendment to the Federal National Council.

b. The procedures of passing the constitutional amendment are similar to those of passing an Act.

c. For a constitutional amendment to be passed, it must be approved by two-third majority of the votes of the present members of the Federal National Council.

d. The President of the UAE signs and promulgates in the name and on behalf of the Supreme Council the constitutional amendment.

Article (145)

A provision of the Constitution may not, in any way, be put on hold except where the martial law is in force and within the limits specified by the martial law.

Notwithstanding the preceding paragraph, the sessions of the Federal National Council may not be suspended during that period nor may the immunity of its members be lifted.

Article (146)

In case of emergency specified by law, the martial law is declared by a decree sanctioned by the Supreme Council upon the proposal of the President of the UAE with the approval of the Federal Council of Ministers. The decree must be notified to the Federal National Council at its next meeting.

The martial law is lifted by a decree sanctioned by the Supreme Council when the emergency, for which it was imposed, no longer exists.

Article (147)

The application of the Constitution does not affect the treaties or conventions concluded by the member Emirates with the other states or international organizations unless these treaties or conventions are amended or repealed by agreement between the parties concerned.

Article (148)

All provisions contained in the laws, regulations, decrees, orders and decisions applied in the member Emirates when the Constitution takes force, as the case may be, continue to take force unless amended or repealed as provided in the Constitution.

The rules and regulations applied in the member Emirates also continue to be applied until the laws amending them are promulgated as provided in the Constitution.

Article (149)

By way of exception from the provisions of Article 121 of the Constitution, an Emirate may enact the legislation necessary for regulating the matters set out in the said Article without prejudice to the provisions of Article 151 of the Constitution.

Article (150)

The federal authorities shall seek as quickly as possible to have the laws referred to in the Constitution enacted to replace the existing legislation and provisions, particularly those which are inconsistent with the provisions of the Constitution.

Article (151)

The provisions of the Constitution prevail over the constitutions of the member Emirates. The federal laws which are enacted in accordance with the provisions of the Constitution have precedence over the legislation, regulations and decisions enacted by the Emirates’ authorities.

Where a lower legislation is in conflict with an upper legislation, the lower one is deemed void insofar as it is in conflict with the upper one. In case of dispute, the matter is referred to the Federal Supreme Court for final decision.

Article (152)

This Constitution takes effect from the date set for that purpose in a declaration to be issued by the Rulers signatories to the Constitution.

Signed in Dubai on this 18th day of July 1971, corresponding to 25 Jumad el- Awal 1391 (Islamic Calendar).

Signatures :

	Ruler of Abu Dhabi Emirate Zayed Bin Sultan Al Nhayan		Ruler of Dubai Emirate Rashid Bin Saeed Al Maktoum
	Ruler of Sharjah Emirate Kaled Bin Mohamed Al Qasimi		For ruler of Ajman Emirate Humaid Bin Rashid Al Nuaimi
	For ruler of Umm AI Quwain Emirate Rashid Bin Ahmed Al Mualla		Ruler of Fujairah Emirate Mohmmed Bin Hamad Al Sharqi

Notice :
It is worth noting that there was no signature for the ruler of Ras Al-Khaima because this emirate joined the union later according to the Federation Supreme Council resolution number 2/1972.

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1. The word “temporary” was deleted by Constitutional Amendment 1/1996. The previous title was “Closing and Temporary Provisions”.
2. Article (144) was amended by Constitutional Amendment 1/1996 by which the constitution became permanent. The previous article reads as follows:

   1. Subject to the provisions of the following paragraphs, the provisions of the Constitution apply for a transitional period of five years according to the Gregorian calendar commencing from the date it comes into force in accordance

   with the provisions of Article 152.

   2.

   a. If the Supreme Council finds that the high interests of the UAE require the amendment of the Constitution, it submits a draft constitutional amendment to the Federal National Council.

   b. The procedures of passing the constitutional amendment are similar to those of passing an Act.

   c. For a constitutional amendment to be passed, it must be approved by twothirds of the votes of the members present of the Federal National Council.

   d. The President of the UAE signs and promulgates in the name and on behalf of the Supreme Council the constitutional amendment.

   3. During the transitional period, the Supreme Council takes the necessary measures to prepare a draft permanent Constitution which substitutes this temporary constitution. The draft permanent constitution is submitted to the Federal National Council for debate before it is promulgated.

   4. The Supreme Council calls on the Federal National Council to hold a special session within a maximum of six months before the end of the term of this temporary Constitution to consider the permanent Constitution. The procedures stated in paragraph (2) of this Article must be followed in promulgating the permanent constitution.”