The Legal Effect of Decisions Declaring Unconstitutionality in the Libyan Constitutional Judiciary: A Comparative Analytical Study

Abstract

This study examines the legal effects of decisions declaring unconstitutionality within the Libyan judicial system, by analyzing the nature of such decisions, their binding force, and the scope of their applicability against public authorities. It demonstrates that a constitutional lawsuit is considered an erga omnes action targeting the legislative text itself, which entails that the resulting decisions enjoy absolute authority extending to all, rather than being limited to the parties involved in the dispute. The study further explores the extent of compliance by the legislative and executive authorities with these decisions, particularly regarding refraining from re-enacting the annulled text or relying on it in administrative actions. Additionally, it addresses the practical challenges that have arisen in Libya due to political fragmentation, which has sparked debates over the enforcement of certain constitutional rulings and the regulation of constitutional adjudication. The study concludes that the effectiveness of constitutional judgments and ensuring their enforcement constitutes a fundamental condition for consolidating the supremacy of the constitution and achieving legal and institutional stability in the state