The Role of Constitutional Review in Addressing Constitutional Omission

Abstract

This study aims to examine the extent to which constitutional review in Libya can address cases of legislative omission in a manner that ensures respect for constitutional provisions and the protection of rights and freedoms. The study adopts the analytical and descriptive approaches by analyzing the relevant constitutional and legal provisions. The study concludes that constitutional review of legislative omission is based on the principle of constitutional supremacy and the obligation of public authorities to comply with constitutional provisions. It also finds that the Libyan constitutional judiciary has affirmed that legislative authority is subject to constitutional limitations. Furthermore, partial legislative omission is more amenable to constitutional review than total legislative omission, as the former involves an existing legislative framework whose conformity with the Constitution can be examined, while no clear and settled Libyan judicial approach has yet been established regarding the review of total legislative omission. The study recommends establishing a clear legislative framework for legislative omission within the Libyan legal system, developing constitutional judicial jurisprudence in this field, and implementing the legislative obligations arising from the constitutional framework to ensure the protection of rights and freedoms and prevent the provisions of the Constitution from being rendered ineffective or diminished.