Evaluating the Libyan Constitution Drafting Process in Light of the Challenges Facing its Adoption and Implementatio

Abstract

This study aims to evaluate the process of drafting the Libyan constitution after 2011, as one of the most important political and legal pathways in the democratic transition phase. The research examines the stages of constitution-making, starting from the formation of the Constituent Assembly for drafting the constitutional project, passing through the political disputes surrounding its content, and ending with the obstacles that have prevented its adoption and implementation to this day.

The study focuses on analyzing the political, social, and legal factors that have influenced the constitutional process, such as institutional division between eastern and western Libya, the multiplicity of power centers, the weakness of legislative institutions, and regional and international interventions.

The research concludes that the absence of national consensus and the lack of a broad, inclusive social base for the constitutional process constitute the main reasons behind the failure to ratify the constitution. It emphasizes that the success of this process requires genuine political will, a comprehensive national dialogue, and a balanced legal vision that reflects the aspirations of the Libyan people toward stability and democracy.