The Extent of Judicial Oversight over the Actions of the Constituent Authority for Drafting the Libyan Constitution: A Comparative Analytical Study

Abstract

It is not surprising that determining the method followed by the legislator in defining the constitutional-drafting authority is important. The benefit of this lies in identifying the optimal method for dealing with this authority, after determining the correct legal description that applies to it and whether it is considered an original authority or one established by constitutional declarations. This, of course, leads us to understand the legal nature of the actions of this authority and to apply the appropriate legal classification to all these actions. This question leads us to understand the extent of judicial oversight over it, whether administrative or constitutional, if we accept the application of the theory of constitutional deviation from a formal perspective to the work of the body.