علاقة السلطة التشريعية بالقضاء الدستوري "تعليق على حكم المحكمة العليا الليبية في الطعن الدستوري 5/70ق بعدم دستورية القانون رقم 5/2023 بإنشاء المحكمة الدستورية العليا في ليبيا"

Abstract

The study was based on an explanation of the relationship of the legislative authority to the constitutional judiciary, by commenting on the ruling of the Libyan Supreme Court in Constitutional Appeal No. 5 of the judicial year 70, regarding the unconstitutionality of Law No. 5 of 2023 establishing the Supreme Constitutional Court in Libya, as a subject of study. The study concluded that the constitutional judiciary; An expert judiciary, independence from the state authorities, including the authority for a period, but only over the hierarchy of those authorities, with a comprehensive and complete ruling in the protection of the legitimate constitution, which allows the separation and balance between powers in ending it, for the reason that individual rights and freedoms are limited by the state authorities, and based on The type of constitutional judiciary, the degree of constitutionality of states to organize it according to the established constitution, through the constituent power. Accordingly, as a general principle, the legislative authority has no jurisdiction over the constitutional judiciary, whether in terms of establishing it or amending its organization, unless the legislative authority is authorized to do so by a text in the constitution. The study also concluded the importance of the organic independence of the constitutional judiciary from the judicial authority, in order to enhance the independence and impartiality of the constitutional judiciary.