Administrative detention in normal and exceptional circumstances in Libyan legislation – A comparative study with Egyptian legislation

Abstract

This study examines administrative policing in Libyan legislation under normal and exceptional circumstances, compared with Egyptian law, highlighting the role of administration in protecting public security, health, and public order . Under normal conditions, administrative powers operate within the principle of legality and are subject to judicial supervision. In exceptional circumstances, administrative powers expand to confront public dangers while remaining under judicial control to prevent abuse . Both Libyan and Egyptian laws aim to balance protection of public order with safeguarding rights and freedoms. The study shows the important role of administrative courts in preventing misuse of authority even during emergencies . It concludes that exceptional circumstances do not abolish legality but temporarily modify its scope. The comparison reveals broad similarities between the Libyan and Egyptian systems despite differences in legislative organization. The study recommends updating emergency regulations to protect public order without undermining fundamental rights.