The Rule of Law and the Protection of Rights and Freedoms in Libya: Constitutional Foundations and Implementation Challenges

Abstract

The rule of law represents a cornerstone constitutional framework for safeguarding fundamental rights and freedoms, guaranteeing the subjection of public authorities to the law, and serving as a vital pillar in building the modern state. Accordingly, this study aims to examine the concept of the rule of law and its constitutional foundations, while analyzing its role in protecting fundamental human rights and freedoms—whether civil, political, economic, social, or cultural—utilizing a descriptive-analytical approach. Furthermore, the study addresses the practical challenges hindering the establishment of the rule of law in Libya, primarily driven by the absence of a permanent constitution, political and institutional division, weak judicial independence, and security instability. These multifaceted challenges have collectively widened the gap between constitutional texts and their practical implementation. The study concludes that the constitutional foundations of the rule of law constitute an essential guarantee for the protection of rights and freedoms, provided they are effectively operationalized through robust governmental institutions, genuine judicial independence, effective constitutional oversight, and sustained political and security stability.