Libya’s Constitutional Crisis: Dimensions of the Conflict Among Political Factions

Abstract

Examining the dimensions of the constitutional crisis in Libya, this paper begins by explaining the situation of the country’s political factions. On this backdrop, it looks at how the interim Constitutional Declaration of Libya’s 17 February revolution – which has seen seven amendments – has led to large-scale changes in the legal positions of political institutions and has caused a disturbance in the state’s constitutional framework. Analysis shows how the declaration has disrupted the country’s transitional path, and outlines the ways that this has taken place including: the diverse results from the National Congress’s legislative elections where no political party or movement secured an absolute majority, the growing disputes following the adoption of the political and administrative isolation law, and the emergence of alternative proposals for a third transitional period. This paper tackles the factors leading up to the amendments of the interim Constitutional Declaration, issued on August 3 2011, and their impact on Libya’s political crisis. Analyzing the constitutional framework allows a closer look into the role of Libyan political actors and an understanding of the elements that helped shape the path of the transitional period. It shows that the conflict over the constitutional framework has led to an armed conflict among parties to the Libyan revolution.