Public Rights and Freedoms in the Libyan Constitutional Declaration 2011

Abstract

The most important goals of the popular revolution in Libya in February 2011, which turned into an armed clash to be issued a constitution that guarantees rights and freedoms, which was violated during the former regime. The Libyan constitutional declaration 2011 translated the ambitions and aspirations of the Libyan people. And even if it was set to only organize a period of transition. It is in accordance with the objective criterion for the definition of constitutions, considered as a constitution for containing constitutional themes. Also, according to the constitutional standard, it is considered a constitution; for the existence of the features of the formal criterion in terms of its issuance by a native constitutive authority, that is an authority that intervenes for constitution-making in the absence of a constitution in the country, as well as in terms of procedures to amend or repeal any text therein. Thus, the Libyan constitutional declaration has a constitutional nature that is not different from permanent constitutions and its texts transcend to all legal standards and norms. The texts of the rights and freedoms contained in the Libyan Constitutional Declaration (Part Two, Articles 7-16) approved many of the provisions of Islamic law, international conventions and constitutions of countries with mature constitutional experience. Its articles, which were generally considered, brief and short, came to specify many of the texts to an important issue in constitutions, namely rights and freedoms. Furthermore, the circumstances that the country is undergoing are reflected in the content of some texts, which confirms that the constitutions must reflect the conscience of society and its aspirations. Despite the existence of the texts, the transitional period lasted longer than what was issued in the constitutional declaration and witnessed many violations of rights and freedoms. Therefore, a permanent and consensual constitution that guarantees national reconciliation and recognizes transitional justice is a popular and elitist demand.