الاستفتاء في الحالة الليبية "حلاً أم أزمة"

خليل الهادي جمعة سويدان

doi:10.58916/alhaq.v12.i1.305

Authors

Khalil Al-Hadi Juma Suwaidan Department of Public Law, Faculty of Law, Al-Zaytouna University, Tarhuna, Libya Author

DOI:

https://doi.org/10.58916/alhaq.v12.i1.305

Keywords:

Referendum,Constitution, House of Representatives, Constituent Assembly, Election

Abstract

The subject of ((Referendum in the Libyan Case: A Solution or a Crisis)) is the subject of research because of its connection to the Libyan reality of not finding a way out to end the transitional phase, establish the state, and elect permanent institutions based on a permanent constitution. Libya has gone through various transitional stages since the revolution on February 17, 2011. On the constitutional level, the Transitional Council issued the Libyan Constitutional Declaration on August 3, 2011. After the election of the General National Congress on August 1, 2012, which in turn issued Law No. 17 of 2013 regarding the election of the Constituent Assembly for drafting the Constitution, whose first meeting was on April 21, 2014. The referendum on the draft Constitution was supposed to take place in March 2015, but it ended its work in July 2017. The House of Representatives issued Law No. (6) of 2018 regarding the referendum on the draft Constitution. Law No. (6) was then amended by Law No. (1) of 2019, and it remains so until now. The draft constitution issued by the Constituent Assembly was not put to a referendum.

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Author Biography

Khalil Al-Hadi Juma Suwaidan, Department of Public Law, Faculty of Law, Al-Zaytouna University, Tarhuna, Libya
Name: Khalil Al-Hadi Jumaa Swaydan Place and date of birth: Tarhuna/1976 Marital status: Married Nationality: Libyan Email: khlylswydan989@gmail.com Second - Academic qualifications: 1- University degree: Bachelor of Laws Place and date of obtaining: Faculty of Law, Tarhuna, University of Al-Marqab, Libya/1998/1999 2- Master's degree Specialization: Public Law Thesis title: The Right of Objection in the UN Security Council and the Palestinian Issue Place and date of obtaining: Faculty of Law, Tarhuna, University of Al-Marqab, Libya/2008 3- Doctorate degree Specialization: Public Law Thesis title: The Constitutional Limits of International Treaties in the Libyan Legal System - A Comparative Study Place and date of obtaining: Faculty of Law, Cairo University, Arab Republic of Egypt/2014 Third - Employment history: 1- Collaborator with the Faculty of Law, Tarhuna, University of Misrata - Academic year 2010/2011. 2. Collaborator with the Faculty of Sharia Sciences, Amsalata - Asmariya University, and the Faculty of Economics, Zliten - Asmariya University, for the academic year 2015/2016. 3. Collaborator with the Law Department, Tripoli National University, for the fall semester of the 2016/2017 academic year. 4. Collaborator with the Faculty of Law, University of Benghazi, for the 2016/2017 and 2017/2018 academic years. 5. Collaborator with the Law Department, Benghazi National University, and the International Mediterranean University, Benghazi, for the fall semester of the 2017/2018 academic year. 6. Permanent faculty member at the Faculty of Law, University of Jafara, for the 2020/2021 and 2021/2022 academic years. 7. Permanent faculty member at the Faculty of Law, Tarhuna - University of Ez-Zitouna, for the 2022/2023 academic year. Fourth: Subjects taught: Public International Law - Constitutional Law and Political Systems - Criminology and Punishment - Civil Law - Human Rights - Public Finance - International Maritime Law. Fifth: Research, Articles, and Publications:
1. A book entitled "The Right of Objection in the UN Security Council and the Palestinian Issue" (published master's thesis), published by the Jamahiriya Thought Academy, first edition, Tripoli, Libya, 2010/2011. Sixth: Conferences, Seminars, and Courses:
2. A course in functional legislation, from the National Institute of Administration, Tripoli, Libya, 2005.
3. A course in drafting international contracts, Faculty of Law, Cairo University, 2012.
4. A workshop entitled "Constitutional Problems Raised by the Transitional Phase in Libya," Faculty of Law, Al-Zaytouna University, during the 2022/2023 academic year.
5. A research paper entitled "The Relationship between the Existence of the Constitution and the Rule of Law (An Analytical Study of the Libyan Case)" presented at the conference on the Rule of Law in Libya (Challenges and Solutions), published in the Journal of Legal Sciences, Faculty of Law, University of Misrata, special issue, October 2023. Seventh: Job Duties:
6. Dean of the Faculty of Law University of Jfara for the academic year 2020/2021 and the academic year 2021/2022.

References

First: Books:

- Al-Zuraiq Jumaa Mahmoud, (2015), Research and Studies in the Constitution, National Library, Benghazi, Libya.

- Al-Ghazal Ismail, (1996), Constitutions and Political Institutions, Ezz El-Din Foundation for Printing and Publishing.

- Hashi Youssef, (2009), Constitutional Theory, Al-Halabi Legal Publications - Ibn al-Nadim Publishing and Distribution, First Edition, Beirut.

- Shukr Zuhair, (1994), Al-Wasit in Constitutional Law, Part One, University Foundation for Studies, Publishing, and Distribution, Third Edition.

- Karam Ghazi, (2009), Political Systems and Constitutional Law, University Library, Sharjah - Ithraa Publishing and Distribution, Jordan, First Edition.

- Younis Mansour Milad, (2018), A Brief Introduction to Constitutional Law and Political Systems, National Library, Benghazi, Libya.

Second: Periodicals and Legislation:

- The Libyan Draft Constitution, issued by the Constitutional Drafting Assembly, Al-Bayda, July 29, 2017.

- Statement of the Constitutional Drafting Assembly regarding the outcomes of the Legal Committee emanating from the Libyan Political Dialogue Forum, issued by the Constitutional Drafting Assembly on May 23, 2021.

- Official Gazette, Libya, Issue (1) dated February 9, 2012

- Official Gazette, Libya, Year (1), Issue (8) dated March 13, 2012

- Official Gazette, Libya, Year (1), Issue (18) dated July 5, 2012

- Miftah Aghnayah Mohaammed Aghnayah, Internationalization of the Constitution and its Implications, Al-Haqq Journal of Sharia and Legal Sciences, 2022.

- Miftah Aghnayah Mohaammed Aghnayah , Restricting the Effects of Unconstitutionality to Protect Legal Security, Al-Haq Journal of Sharia and Legal Sciences, 2020.

- Dr. Abdul Hakim Daw Zamouna. (2022). Sharia Standards of Governance Systems in International Law. Al-Haq Journal of Sharia and Legal Sciences, 9(1), 71-88. https://doi.org/10.58916/alhaq.vi.23

- MUSBAH OMAR ALTAEB. (2022). The Right to Strike: A Comparative Study. Al-Haq Journal of Sharia and Legal Sciences, 9(1), 184-208. https://doi.org/10.58916/alhaq.vi.31

- Miftah Aghnayah Mohaammed Aghnayah. (2022). Internationalization of the Constitution and its Implications. Al-Haq Journal of Sharia and Legal Sciences, 9(1), 89-115. https://doi.org/10.58916/alhaq.vi.26

- Miftah Aghnayah Mohaammed Aghnayah. (2020). Restricting the effects of unconstitutionality rulings to protect legal security. Al-Haq Journal of Sharia and Legal Sciences, 7(1), 105-129. https://doi.org/10.58916/alhaq.vi.59

- Miftah Aghnayah Mohaammed. (2023). The role of constitutional institutions in combating administrative corruption. Bani Walid University Journal of Humanities and Applied Sciences, 8(2), 72-95. https://doi.org/10.58916/jhas.v8i2.445

Third: Websites on the Internet:

- Website: History of Libya https://www.facebook.com (Date of visit: 12/27/2022) -2- Website of the Libyan House of Representatives: (Date of visit: 08/13/2023) https://parliament.ly

- Website of the Legal Academy: (Date of visit: 12/27/2022) https://lawsociety.ly

- Statement of the United Nations Support Mission in Libya regarding the conclusion of the Dialogue Forum in Geneva, published on the website (Date of visit: 12/27/2022) https://unsmil.unmissions.org