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Title The draft Libyan constitution: procedural deficiencies, substantive flaws
Published Geneva, Switzerland : icj, International Commission of Jurists, December 2015
©2015

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Description 1 online resource (90 pages)
Contents Executive Summary -- Introduction -- I. The Constitutional Drafting Process -- A. Establishment of the Constitution Drafting Assembly -- B. Inclusiveness and transparency of the drafting process -- C. The impact of the security and political situation on the drafting process -- II. The Constitution and the Rule of Law -- A. The Separation of Powers -- B. Parliamentary and presidential immunity and impunity -- C. Sources of legislation and primacy of the Constitution and international law -- D. Civilian oversight over security and armed forces -- E. State of Emergency -- F. Federalism and decentralization -- G. Participation in the conduct of public affairs -- H. Constitutional Institutions -- III. Human Rights and International Standards -- A. The Definition of Rights -- B. Derogations and Permissible Limitations on Rights -- C. Human Rights Protection -- IV. The Judiciary and International Standards -- A. Constitutional guarantees for the independence of the judiciary -- B. Formation and functioning of the Supreme Judicial Council -- C. Military and exceptional courts -- D. The Office of the Prosecutor General -- E. The Constitutional Court -- V. Addressing the Legacy of Human Rights Violations -- A. The right to truth -- B. Justice and accountability -- C. The right to effective remedy and reparations -- D. Guarantees of non-recurrence -- VI. Recommendations -- The Constitutional Drafting Process -- The Constitution and the Rule of Law -- Human Rights and International Standards -- The Judiciary and International Standards -- Addressing the Legacy of Human Rights Violations
Summary "With the signing of the political agreement on a national unity government today, the next step in Libya's transition will be to ensure that its new Constitution fully conforms to international rule of law and human rights standards, the ICJ said today. The statement came as the ICJ released its new report The Draft Libyan Constitution: Procedural Deficiencies, Substantive Flaws. In the report, the ICJ calls on the Libyan Constitution Drafting Assembly (CDA) to substantially revise the Draft Constitution published in October with a view to ensuring its full compliance with Libya's obligations under international human rights law and international standards. Libyan authorities, including the CDA, should also put in place effective mechanisms to ensure that the drafting process is inclusive, participatory, and fully reflects the views of a broad range of stakeholders, including civil society and minority groups. The report concludes that the Draft Constitution, in many key respects, does not conform to Libya's obligations under international human rights law or to international rule of law standards."-- Publisher press release
Bibliography Includes bibliographical references
Notes Online resource; title from PDF cover (International Commission of Jurists, viewed October 12, 2016)
Subject Constitutional law -- Libya
Rule of law -- Libya
Human rights -- Libya
Justice, Administration of -- Libya
Constitutional law
Human rights
Justice, Administration of
Politics and government
Rule of law
SUBJECT Libya -- Politics and government. http://id.loc.gov/authorities/subjects/sh85076751
Subject Libya
Genre/Form constitutions.
Constitutions
Constitutions.
Constitutions.
Form Electronic book
Author International Commission of Jurists (1952- ), author, issuing body.