Fundamental Laws in the Libyan Legal System

A Comparative Analytical Study

Abstract

This study aims to analyze the concept of organic laws and their role in regulating political life within the Libyan legal system, particularly in the absence of a permanent constitution. The selection of this topic is motivated by the need to highlight the importance of these laws in filling the constitutional vacuum, clarifying their legislative status and their relationship with the constitution and ordinary laws, as well as addressing the research gap resulting from the lack of in-depth studies on the Libyan case. The study is based on the hypothesis that organic laws constitute a legislative instrument of a constitutional nature that contributes to elaborating general constitutional principles, organizing public authorities, and ensuring the continuity of institutions during transitional periods.

The study adopts a descriptive-analytical approach to examine legal concepts and Libyan legislative texts, in addition to a comparative method drawing on the French, Egyptian, and Moroccan experiences. It does not rely on statistical tools, but rather on the analysis of legal texts and relevant previous studies.

The findings indicate that organic laws have played a significant role in organizing the functioning of public authorities and ensuring a minimum level of institutional stability in Libya after 2011, despite the challenges associated with the absence of a permanent constitutional framework. The results also confirm the validity of the study’s hypothesis, while highlighting the varying effectiveness of these laws depending on their clarity and the stability of the political environment.

The originality of this research lies in its applied analysis of the Libyan case and its comparative perspective, which contributes to enriching constitutional studies. The study recommends expediting the adoption of a permanent constitution and improving the quality of organic legislation to ensure the stability of the political system in the future.