Blog of the International Journal of Constitutional Law

Libya update

The document that I commented on last week was never put into force; instead, the Transitional National Council issued a revised Transitional Constitutional Declaration. A thoughtful analysis by Zaid Al-Ali is here.

Fortunately, the cramped timetable offered in the previous draft has been extended. Once liberation occurs (presumably meaning that Khadafi is found), an interim government will be appointed within 30 days, and it must issue a law on elections within 90 days of liberation. Elections for a new National Congress must occur with 240 days of liberation and that body will appointment a constitutional drafting body. The drafters have two months to prepare a draft for the public, which will have 30 days to consider it before a referendum. Bottom line: there will be a constitutional referendum within a year of the liberation. This timetable is much more realistic than the earlier one. It also has the virtue of not prejudging what the form of government will be.



2 responses to “Libya update”

  1. Jens Müller Avatar

    I guess this “revised Transitional Constitutional Declaration” has been published in some Official Gazette so that it can be duely cited?

    By the way, is there a proper English term for the German “Rechtsförmlichkeit”?

  2. DegeSMS Avatar

Leave a Reply

Your email address will not be published. Required fields are marked *