21 Hrs
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عين ليبيا
Libya's Absolute Majority and Judicial Power
Recently, a Supreme Constitutional Court decision was issued in Libya that defines how to calculate the majority of members in the House of Representatives. It considers that a simple majority requires the approval of "more than half of the members plus one, whose membership is still legally valid," without counting vacant seats. This interpretation raises questions about who has the authority to issue binding legislative interpretations within the Libyan legal system, especially following the establishment of the Supreme Constitutional Court under Law No. (5) of 2023, which grants it the power to interpret legislative texts in a purely binding manner. However, the constitutionality of this law and its significance in determining the actual powers of the court remain disputed among Libyan judicial authorities, particularly given a prior ruling by the Supreme Court declaring the law establishing the Constitutional Court unconstitutional. The new decision, although it grants a binding authority to interpret the parliamentary majority, faces challenges related to the legitimacy of the law that created the court and its jurisdiction, raising foundational disagreements over the final constitutional authority in Libya.
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