The procedural framework for descriptive appeal

Authors

  • Fadila Rajeb Aribi Atarhuni Private Law Department,Faculty of Law – Zlten, , Sabratha University,Libya Author
  • Nouri Masoud Amir Alkeesh Department of Private Law, Faculty of Sharia and Law - Ajilat, University of Zawiya, Libya Author

DOI:

https://doi.org/10.65422/sajh.v4i3.388

Keywords:

onstitutional Organization; Public Authorities; Rights and Freedoms; Judicial Review; Libyan Judiciary

Abstract

In this research study, we addressed a topic entitled "The Constitutional Organization of Public Authorities to Guarantee Rights and Freedoms According to the Libyan Judiciary." We chose this topic due to its paramount importance, as the constitutional organization of authorities achieves a just balance between them and the rights and freedoms of individuals. We delved into its details and intricacies according to a plan divided into two sections and subsections. Through this, we explained the legislative and judicial guarantees that ensure this protection, and their resulting implications. We arrived at several conclusions, all revolving around the supremacy of the constitution and the guarantees it establishes to strengthen the protection of rights and freedoms. These include the principle of separation of powers, which prevents tyranny and the concentration of power in one entity, and ensures that all powers are subject to the law. Furthermore, the independence and impartiality of the judiciary in its constitutional review—to ensure the conformity of laws and regulations with the constitution-achieves the principle of legality, thus establishing a just balance between the powers of the state and the freedoms of individuals. Therefore, we recommended the necessity of strengthening the rule of law in respect for the principle of legality, adhering to the principle of separation of powers to ensure that no branch encroaches upon the others, activating mechanisms for judicial oversight, and supporting the independence and impartiality of the judiciary. This includes educating individuals about their rights and raising awareness of how to protect them under the constitution and the law, so that we may achieve a genuine balance between the exercise of power by the authorities and the protection of individuals' rights and freedoms.

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Published

2026-07-22

Issue

Section

البحوث المنشورة في العدد

How to Cite

Fadila Rajeb Aribi Atarhuni, & Nouri Masoud Amir Alkeesh. (2026). The procedural framework for descriptive appeal. Sada Al-Jamia Journal for Humanities, 4(3), 192-199. https://doi.org/10.65422/sajh.v4i3.388

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