Member State of the Arab League |
---|
Libyaportal |
The 2017 draft Libyan constitution is a draft of a constitution for Libya prepared by the Constitution Drafting Assembly of 60 people elected from around Libya in the 2014 Libyan Constitutional Assembly election. [1]
Status: The new draft constitution was not adopted.
Following the overthrow of the Gaddafi government in the Libyan Civil War, the Libyan interim Constitutional Declaration was published by the Libyan National Transitional Council in August 2011, intended as a temporary constitution until a permanent one could be agreed upon. [2]
The High National Election Commission (HNEC) organised the 2014 Libyan Constitutional Assembly election of 60 representatives in February 2014, 20 from each of the Tripolitania, Cyrenaica and Fezzan regions of Libya. [3] [4] [5] The group of 60 people became known as the Constituent Assembly of Libya or Constitution Drafting Assembly. [6]
In July 2017, the Constitution Drafting Assembly voted by a two-thirds majority in favour of a final draft constitution. The draft constitution defines a presidential system of government, with strong powers given to the president. [6]
Article 100 provides for direct popular election of the president. Article 104(1) gives the president full power to choose a government. Article 113 empowers the president to choose the prime minister arbitrarily without being constrained by members of parliament or the political party with a parliamentary majority. Under Article 115, parliament requires a two-thirds majority to withdraw confidence from the government. Under Article 104(2), government policy is decided by the president, and implemented by the government. Zaid al-Ali interpreted Articles 67 and 109 to together "assume that it is parliament's responsibility to fall into line with the president". [1]
Zaid al-Ali interpreted Chapters 8 and 9 of the draft constitution to lead to concentration of wealth in the hands of the president, including the control of natural resources. [1]
Zaid al-Ali judged the lack of definition of intelligence services or constraints on their activities in the draft constitution risked the creation of multiple intelligence agencies with no civilian oversight. He judged the definitions of military and police hierarchies to have "serious problems with the chain of command". [1]
Al-Ali viewed the 120-day limit on a state of emergency defined in the draft constitution as positive, "in keeping with [the] trend" of other post-2011 Arab constitutions. He expressed concern that parliament's approval is not required before a presidential declaration of a state of emergency comes into effect (as in the Iraqi constitution, as of 2017 [update] ). [1]
Al-Ali judged the judiciary (in Articles including 118, 120, 125, 135 and 136) to be defined with a fair degree of independence from the president, but with a flaw in ambiguity regarding the membership and decision-making methods of the high judicial council. [1]
Al-Ali viewed the human rights elements of the draft constitution to lack details of how they would be enforced in courts in practice. He commended the "limitations clause" in Article 65, which limits state authorities from restricting any of the human rights declared in the constitution unless the restriction is "necessary, clear, limited, and proportional with the restrictions' objectives". According to al-Ali, only two other Arab countries at the time had this limitation (Tunisia, Article 49, and Yemen's draft constitution). [1]
Article 157 of the draft constitution states that the HNEC is responsible for organising elections. [7]
The Constitution Drafting Assembly (CDA) presented the draft to the House of Representatives (HoR) for endorsement. In February 2018, the HoR rejected the CDA's draft constitution and called instead to develop an amendment of the 1951 Constitution of the Kingdom of Libya. Earlier in February 2018, a legal case against the validity of the draft constitution proceeded to a hearing by the Supreme Court, which dismissed lower courts' decisions against the draft. [8]
The politics of Libya has been in an uncertain state since the collapse of the Libyan Arab Jamahiriya in 2011 and a recent civil war and various jihadists and tribal elements controlling parts of the country.
The president of India is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022.
The Constitution of Pakistan, also known as the 1973 Constitution, is the supreme law of Pakistan. The document guides Pakistan's law, political culture, and system. It sets out the state's outline, the fundamental rights of the population, the state's law and orders, and also the structure and establishment of the institutions and the armed forces. Drafted by the government of Zulfikar Ali Bhutto, with additional assistance from the country's opposition parties, it was unanimously approved by the 5th Parliament on 10 April and ratified on 14 August 1973. The first three chapters establish the rules, mandate, and separate powers of the three branches of the government: a bicameral legislature; an executive branch governed by the Prime Minister as chief executive; and an apex federal judiciary headed by Supreme Court. The Constitution designates the President of Pakistan as a ceremonial Head of State who is to represent the unity of the state. The first six articles of the constitution outline the political system as federal parliamentary republic system; as well as Islam as its state religion. The Constitution also encapsulates provisions stipulating the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah.
On 7 July 2012, the National Transitional Council, in power since the Libyan Civil War, supervised democratic elections for a 200-member General National Congress to replace the Council. The assembly was to choose a prime minister and organize parliamentary elections in 2013. A process to write a constitution was also to be determined. Unrest driven by armed militias, ethnic minority and radical groups undermined the process and the government for the years following the overthrowing of Muammar Gaddafi. While internal apathy towards democratic reforms slowed the process, external bodies such as the European Union were still pressing for the establishment of a national dialogue to build consensus for the drafting of a new constitution to take place before the end of 2014. Parliamentary elections were scheduled to be held on 25 June 2014 in a move aimed at stabilizing the country and quelling the unrest.
The Senate is the upper house of the bicameral Parliament of Egypt since its introduction in the 2019 Egyptian constitutional referendum and the subsequent 2020 Egyptian Senate election. The current president of the Senate is Abdel-Wahab Abdel-Razeq.
The People's National Assembly is the lower house of the Algerian Parliament. It is composed of 407 members directly elected by the population. Of the 407 seats, 8 are reserved for Algerians living abroad. Members of the People's National Assembly are directly elected through proportional representation in multiple-member districts and serve terms lasting five years at a time. The last election for this body was held on 12 June 2021. The minimum age for election to the Assembly is 28.
The Constitution of the Arab Republic of Egypt was the former constitution of Egypt. It was adopted on 11 September 1971 through a public referendum. It was later amended in 1980, 2005, and 2007. It was proclaimed to update the democratic representative system in assertion of the rule of law, independence of the judiciary, and party plurality. On 13 February 2011, the Constitution was suspended following the resignation of President Hosni Mubarak as a result of the 2011 Egyptian Revolution. On 30 March 2011, it was "effectively voided" after a new provisional constitution was passed by the country's ruling Supreme Council of the Armed Forces. It has since been superseded by the Egyptian Constitution of 2012 and the current Egyptian Constitution of 2014.
A constitutional referendum was held in Egypt on 19 March 2011, following the 2011 Egyptian revolution. More than 14 million (77%) were in favour, while around 4 million (23%) opposed the changes; 41% of 45 million eligible voters turned out to vote.
The 1951 Libyan Constitution was brought into force on October 7, 1951, prior to Libya's formal declaration of its independence on December 24, 1951 as a constitutional and hereditary monarchy under the rulership of King Idris. The enactment of the Libyan Constitution was significant in that it was the first and only piece of legislation that formally entrenched the rights of Libyan citizens after the post-war creation of the Libyan nation state.
Parliamentary elections were held in Libya on 25 June 2014 for the House of Representatives. Whilst all candidates ran as independents, the elections saw nationalist and liberal factions win the majority of seats, with Islamist groups being reduced to only around 30 seats. Election turnout was very low at 18%.
The Constitutional Declaration is the current supreme law of Libya, introduced due to the overthrow of the Gaddafi government in the Libyan Civil War. It was finalised on 3 August 2011 by the National Transitional Council, and is intended to remain in effect until a permanent constitution is written and ratified in a referendum. The document was publicly announced at a press conference of 10 August by Abdul Hafiz Ghoga, Vice President and official spokesman of the NTC.
Elections for a General National Congress (GNC) were held in Libya on 7 July 2012, having been postponed from 19 June. They were the first elections since the overthrow and death of longtime ruler Muammar Gaddafi a year earlier, the first free national elections since 1952, and only the second free national elections since Libya gained independence in 1951.
The Supreme Leader of Iran ), also referred to as Supreme Leader of the Islamic Revolution, but officially called the Supreme Leadership Authority, is the head of state and the highest political and religious authority of the Islamic Republic of Iran. The armed forces, judiciary, state radio and television, and other key government organizations such as the Guardian Council and Expediency Discernment Council are subject to the Supreme Leader. According to the constitution, the Supreme Leader delineates the general policies of the Islamic Republic, supervising the legislature, the judiciary, and the executive branches. The current lifetime officeholder, Seyyed Ali Hosseini Khameneh known as Ali Khamenei, has issued decrees and made the final decisions on the economy, the environment, foreign policy, education, national planning, and other aspects of governance in Iran. Khamenei also makes the final decisions on the amount of transparency in elections, and has dismissed and reinstated presidential cabinet appointees. The Supreme Leader is legally considered "inviolable", with Iranians being routinely punished for questioning or insulting him.
The Federal Parliament of Somalia is the national parliament of Somalia. Formed in August 2012, it is based in the capital Mogadishu and is bicameral, consisting of an Upper House (Senate) and a Lower House.
Constitutional Assembly elections took place in Libya on 20 February 2014. Nominations for elections to the constituent assembly started on 6 October 2013; registration for candidates to the assembly was over as of 11 November 2013. The assembly will be composed of 20 members each from Libya's three regions: Tripolitania, Cyrenaica and Fezzan. The work of the committee is expected to last from March 2014 until July 2014. The constitutional declaration submitted in August 2011 by the formerly ruling National Transitional Council indicated that Congress itself would appoint the commission; however the General National Congress (GNC) voted instead to hold an election for the selection of individuals to the constitutional commission. The constitutional commission will draw up the constitution, which will then be up for vote in a referendum. As of early January 2014, 1,001,910 voters had registered via SMS.
The Constituent Assembly of Libya or Constitution Drafting Assembly is the chamber responsible for writing a new constitution for Libya in the post-Gaddafi era. It was elected on 20 February 2014 and began work on 22 April with Ali Tarhouni as its president.
The Basic Laws of Israel are fourteen quasi-constitutional laws of the State of Israel, some of which can only be changed by a supermajority vote in the Knesset. Many of these laws are based on the individual liberties that were outlined in the Israeli Declaration of Independence. The Basic Laws deal with the formation and role of the principal institutions of the state, and with the relations between the state's authorities. They also protect the country's civil rights, although some of these rights were earlier protected at common law by the Supreme Court of Israel. The Basic Law: Human Dignity and Liberty enjoys super-legal status, giving the Supreme Court the authority to disqualify any law contradicting it, as well as protection from Emergency Regulations.
The Libyan presidential election had originally been planned for 10 December 2018, but was delayed due to Khalifa Haftar's Western Libya campaign. The election was thereafter scheduled to be held on 24 December 2021 but was indefinitely postponed after the head of the High National Election Commission (HNEC) ordered the dissolution of the electoral committees nationwide.
The Movement for the Return of Constitutional Legitimacy in Libya is a movement in Libya that advocates the reinstatement of the 1951 Constitution and the restoration of the historic Senussi monarchy.
The High National Election Commission is a body created in Libya for organising elections following the 2011 Libyan Civil War, starting in 2012.