The Stillborn Constitutional Court of Qatar and Judicial review: a Clash Between the Executive and Judiciary ; A Comparative Study in Islamic, Egyptian, American, Kuwaiti and U.A.E. Models of Judicial Review

Hamad Hamed Ali ALHABABI


Chapter one discusses the concepts of judicial review under Islamic law, including the historical development of judicial review... The chapter then explains the modern day application of judicial review in three Arab countries ...These three countries will later be used in the chapter for points of comparison, and as lessons for Qatar’s project of creating its own system of judicial review.

Chapter two will focus on numerous issues pertaining to the doctrine of judicial review regarding executive orders... Chapter three will address the constitutionality of presidential orders, sources of constitutions, judicial review in the constitutional jurisprudence of Islamic judicial systems, US constitutional law, and the constitutional law of Egypt, Kuwait and the UAE. The diminishing importance of the Islamic background drafted in the constitutions of Egypt, the UAE and Kuwait will also be studied, as which, after the fall of the Islamic Caliphate, these states began to gradually distance themselves from applying the principles stipulated in the first articles of their constitutions that Islam is the religion of the state and a major source of legislation.

Chapter four will focus on the incongruous situation of judicial review in Qatar... the chapter will discuss the possibility of applying judicial review to the Qatari Supreme Constitutional Court, including the possible implementation of the models of judicial review in Islamic, American, Egyptian, Kuwaiti and Emirati laws.