Judgment Reviews Law at Libya
In Libya, judicial review is a fundamental aspect of the legal system, ensuring that laws and governmental actions align with the Constitution. The Supreme Court, particularly its Constitutional Circuit, plays a pivotal role in this process.
🏛️ Constitutional Review by the Supreme Court
Libya's Supreme Court, established under Law No. (6) of 2006, serves as the highest judicial authority in the country It includes a Constitutional Circuit responsible for reviewing the constitutionality of laws and regulationsThis Circuit has the authority to annul laws that contravene the Constitution, ensuring that all legislative actions comply with constitutional principles
⚖️ Judicial Review Mechanism
The process of judicial review in Libya involves several key steps
Filing an Appeal: Individuals or entities can file appeals challenging the constitutionality of laws or regulations
Review by the Constitutional Circuit: The Constitutional Circuit of the Supreme Court examines the appeal to determine if the challenged law aligns with the Constitution
Issuance of Ruling: If the law is found unconstitutional, the Court issues a ruling annulling the law, rendering it void and without legal effect This process ensures that all laws and regulations adhere to the constitutional framework, protecting the rights and freedoms of individuals
🏛️ Reactivation of the Constitutional Circuit
In August 2022, the General Assembly of the Supreme Court decided to reactivate the Constitutional Circuit, which had been inactive since 201. This decision was made to address the backlog of cases and to ensure that constitutional matters are adjudicated promptl.
📌 Recent Development
In 2023, the Supreme Court ruled that Law No. (5) of 2023, which established a new Supreme Constitutional Court in Benghazi, was unconstitutionl The Court determined that the law violated the constitutional framework, reaffirming its role as the sole authority on constitutional mattes
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