The Problematic of Establishing a Permanent Constitution in Libya Amid Political Division: “A Critical Analytical Study”

Abstract

This study aimed to identify the problematic of establishing a permanent constitution in Libya amid political division by examining the nature of the political, legal, and institutional challenges that hinder the establishment of a permanent constitution in Libya, as well as identifying the extent of their impact on the obstruction of the constitutional process. The study also sought to determine the extent to which political division and the multiplicity of centers of power contributed to weakening constitutional legitimacy and undermining efforts to reach consensus on the draft constitution. In addition, it examined the role of social and security factors in obstructing the adoption of a permanent constitution and how these factors affected the prospects of conducting a consensual constitutional referendum. Finally, the study explored the constitutional and political mechanisms capable of overcoming these challenges and building a consensual constitution that achieves stability and establishes the rule of law in Libya. The descriptive approach was adopted due to its suitability to the objectives of the study. The study reached the following findings: -The constitution-building process in Libya faces deep structural challenges related to political division, the multiplicity of legitimacies, and the absence of a stable constitutional reference, which has led to a legal vacuum and weakened national decision-making unity. -The crisis of constitutional legitimacy in Libya mainly stems from the political division and the multiplicity of centers of power after 2011, resulting in parallel legitimacies that weakened the concept of a unified state. -Regional, tribal, and ideological divisions after 2011, in addition to the absence of national consensus regarding the form of the state, weakened the chances of constitutional consensus and hindered the establishment of a comprehensive social contract. -Resolving the constitutional crisis in Libya requires a comprehensive approach that combines constitutional and political tools, primarily based on strengthening national dialogue and achieving comprehensive consensus among the various parties.