Article Title
Introduction
In a move that will spark new divisions between the two sides and thus keep the country in a state of political stalemate, Khaled al-Mashri, head of the Libyan Supreme Council of State, announced his opposition to the parliament’s decision to appoint members of the Constitutional Court.
And last Monday, the Libyan parliament voted to elect a president and members of the Constitutional Court, despite a Supreme Court ruling that it was unconstitutional.
Opposition to Parliament’s Decision
Al-Mashri confirmed in a letter he sent to Speaker of Parliament Aqeela Saleh and published today Sunday that he was surprised by the decision and that Parliament upheld the decision of the Constitutional Chamber of the Supreme Court, which recognized the unconstitutionality of Parliament’s decision to establish a constitutional court, stressing that this decision is final and enforceable.
He also called on the Speaker of the House of Representatives to work towards achieving suffrage and legislate electoral laws, which were agreed by the 6+6 joint committee, in line with a clear roadmap.
It is noteworthy that the Constitutional Court is at the center of a dispute between the political and judicial sides of Libya, as Parliament approved a law establishing a 13-member Constitutional Court in the city of Benghazi to replace the Constitutional Chamber of the Supreme Court in Tripoli.
At the Center of the Controversy
It provides that laws cannot be constitutional except by the speaker of parliament, the prime minister, 10 deputies or 10 ministers. It did not contain any references to the members of the Council of State.
This law was rejected by the Supreme Court in the capital Tripoli and declared unconstitutional. The Supreme State Council opposed it and declared that the creation of the Constitutional Court did not fall within the legislative powers of Parliament.
In Libya, the Constitutional Court is competent to hear cases and appeals of a constitutional legal nature, questions and disputes about laws, legislative acts and decisions adopted by the executive and legislative authorities, as well as any violations or contests of the constitutional declaration.
