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Date of Award

5-2020

Author's School

School of Law

Degree Name

Doctor of Juridical Science (SJD)

Degree Type

Dissertation

Abstract

The dissertation focuses on the stillborn Qatari Constitutional Court and the ambiguity behind the new law of 2008 that established the Supreme Constitutional Court, in which there was no sign of any case reviewed by the Constitutional Court on constitutional matters. This study aims to compare the stillborn Qatari model of judicial review to the Islamic, modern Arab countries of Egypt, Kuwait, and U.A.E, as well as the U.S.A. models of judicial review. The study will discuss 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 (1) Egypt, which has had a substantial impact on the legal systems of Arab countries; (2) Kuwait, which is often viewed as having an advanced legal system; and (3) the United Arab Emirates, which is known for its progressive legal system. 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.

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