Constitutional vacuum and the freezing of electoral laws: A reading of Law No. 3 of 2026 freezing Law No. 27 of 2023

Abstract

This study examines Law No. 3 of 2026 issued by the Libyan House of Representatives, which suspended Law No. 27 of 2023 concerning the election of the National Assembly. It explores its constitutional legitimacy in light of the constitutional vacuum that Libya has been experiencing since 2011. The study begins with a central question: Does the House of Representatives have the authority to unilaterally suspend an electoral law that was established through a consensus mechanism stipulated in the Thirteenth Constitutional Amendment? And what is the impact of this suspension on the constitutional and electoral process? The study employs a descriptive-analytical approach in presenting the transitional constitutional framework, the 2023 electoral laws, and the law under study. It also utilizes a comparative approach by employing the Venice Commission's criteria for the stability of electoral laws, and a critical approach in evaluating the arguments of the various parties. The report concluded that the legality of the freeze is seriously contested from three angles: jurisdiction (the invocation of the (6+6) consensus mechanism and the Senate's jurisdiction over electoral matters under the Thirteenth Amendment), form (the announced absence of a formal vote on the law and the delay in its publication), and substance (the reinstatement of a unicameral House of Representatives election law in the face of a bicameral legislature, and the transfer of the issue of adopting the permanent constitution to the elected parliament). It also indicated that the Supreme Court (Constitutional Chamber) is the body best positioned to resolve the dispute, although its jurisdiction and the enforceability of its rulings remain questionable given the institutional division. The report recommends reaching a consensus on a clear transitional constitutional framework, referring the dispute to a constitutional court, and establishing mechanisms to ensure the stability of electoral laws.