Libyan Constitutional Union

 

http://www.libyanconstitutionalunion.net

  &

http://www.lcu-libya.co.uk

   

 

 

 

 

Libya's Constitution

 

 

 

 

 

Promulgated by the "National Constituent Assembly" on

 

 

7th October 1951

 

 

 

Abolished by a Military Coup d'etat on

 

 

1st September 1969  

 

   

 

PREAMBLE

 

In the name of God the beneficent, the merciful.

 

We, the representatives of the people of Libya from Cyrenaica, Tripolitania and Fezzan, meeting by the will of God in the cities of Tripoli and Benghazi in a National Constituent Assembly. Having agreed and determined to form a union(1) between us under the Crown of King Mohammad Idris El- Senussi, to whom the nation has offered the Crown and who was declared constitutional King of Libya by this the National Constituent Assembly. And having decided and determined to establish a democratic independent sovereign State which will guarantee the national unity, safeguard domestic tranquility, provide the means for common defence, secure the establishment of justice, guarantee the principles of liberty, equality and fraternity and promote economic and social progress and the general welfare. And trusting in God, Master of the Universe, do hereby prepare and resolve this Constitution for the Kingdom of Libya(2).

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(1) Federal Regime repealed by Law No. 1 of 1963.

(2)  Name of the State amended to read "The Kingdom of Libya" by Law No. 1 of 1963.

 

 

Chapter 1

 

Form of the State

and

 System of Government

     

ARTICLE (1)

 

Libya is a free independent sovereign State. Neither its sovereignty nor any part of its territories may be relinquished.

 

ARTICLE (2)

 

Libya is a State having a hereditary monarchy, and its system of Government is representative. Its name is "THE KINGDOM OF LIBYA".

 

ARTICLE (3)

 

The Kingdom of Libya is a part of the Arab Home Land and a portion of the African Continent.  

 

ARTICLE (4)

 

The boundaries of the Kingdom of Libya are:-

On the North: the Mediterranean Sea.

On the East: the United Arab Republic and the Republic of Sudan.

On the South: the Republic of Sudan, Chad, Niger and Algeria.

On the West: the Republics of Tunisia and Algeria.

 

ARTICLE (5)

 

Islam is the religion of the State.

 

ARTICLE (6)

 

The emblem of the State and its national anthem shall be prescribed by a law.

 

ARTICLE (7)

 

The national flag shall have the following shape and dimensions:-

Its length shall be twice its breadth, it shall be divided into three parallel coloured stripes, the uppermost being red, the centre black and the lowest green, the black stripe shall be equal in area to the two other stripes together and shall bear in its centre a white crescent, between the two extremities of which there shall be a  five-pointed whit star.

 

 

Chapter II

 

Rights of the People

   

ARTICLE (8)

 

Every person who resides in Libya and has no other nationality, or is not the subject of any other State, shall be deemed to be a Libyan if he fulfils one of the following conditions:-

(1)         That he was born in Libya.

(2)          That either of his parents was born in Libya.

(3)          That he has had his normal residence in Libya for a period of not less than ten years.

 

ARTICLE (9)

 

Subject to the provisions of Article (8) of this Constitution, the conditions necessary for acquiring Libyan nationality shall be determined by a law. Such law shall grant facilities to expatriates of Libyan origin residing abroad and to their children, and to citizens of Arab countries, and to foreigners who are residing in Libya and who at the coming into force of this Constitution have had their normal residence in Libya for a period of not less than ten years. Persons of the latter category may opt for Libyan nationality in accordance with the conditions prescribed by the law, provided they apply for it within three years as from the 1st of January 1952.

 

ARTICLE (10)

   

No one may have Libyan nationality and any other nationality at the same time.

 

ARTICLE (11)

 

Libyans shall be equal before the law. They shall enjoy equal civil and political rights, shall have the same opportunities, and be subject to the same public duties and obligations, without distinction of religion, belief, race, language, wealth, kinship or political or social opinions.

 

ARTICLE (12)

 

Personal liberty shall be guaranteed and everyone shall be entitled to equal protection of the law.

 

ARTICLE (13)

 

No forced labour shall be imposed upon anyone save in accordance with law in cases of emergency, catastrophe or circumstances, which may endanger the safety of the whole or part of the population.

 

ARTICLE (14)

 

Everyone shall have the right to resource to the Courts, in accordance with the provisions of the law.

 

ARTICLE (15)

 

Everyone charged with an offence shall be presumed to be innocent until proved guilty according to law in a trial at which he has the guarantees necessary for his defence. The trial shall be public save in exceptional cases prescribed by law.  

 

ARTICLE (16)

 

No one may be arrested, detained, imprisoned or searched except in the cases prescribed by law. No one shall under any circumstances be tortured by anyone or subjected to punishment degrading to him.

 

ARTICLE (17)

 

No offence may be established or penalty inflicted except shall be subject to the penalties specified therein for those offences; the penalty inflicted shall not be heavier than the penalty that was applicable at the time the offence was committed.

 

ARTICLE (18)

 

No Libyan may be deported from Libya under any circumstances nor may he be forbidden to reside in any locality or compelled to reside in any specific place or prohibited from moving in Libya except as prescribed by law.

 

ARTICLE (19)

 

Dwelling houses are inviolable; they shall not be entered or searched except in cases and according to the manner prescribed by law.

 

ARTICLE (20)

 

The secrecy of letters, telegrams, telephone communications and all correspondences in whatever form and by whatever means shall be guaranteed; they shall not be censored or delayed except in cases prescribed by law.

 

ARTICLE (21)

 

Freedom of conscience shall be absolute. The State shall respect all religions and faiths and shall ensure to foreigners residing in its territory freedom of conscience and the right freely to practice religion so long as it is not a breach of public order and is not contrary to morality.

 

ARTICLE (22)

 

Freedom of thought shall be guaranteed. Everyone shall have the right to express his opinion and to publish it by all means and methods. But this freedom may not be abused in any way which is contrary to public order and morality.

 

ARTICLE (23)

 

Freedom of press and of printing shall be guaranteed within the limits of the law.

 

ARTICLE (24)

 

Everyone shall be free to use any language in his private transactions or religious or cultural matters or in the Press or any other publications or in public meetings.

 

ARTICLE (25)

 

The right of peaceful meetings is guaranteed within the limits of law.

 

ARTICLE (26)

 

The right of peaceful associations shall be guaranteed. The exercise of that right shall be regulated by law.

 

ARTICLE (27)

 

Individuals shall have the right to address public authorities by means of letters signed by them in connection with matters which concern them but only organised bodies or justice persons my address the authorities on behalf of a number of persons.

 

ARTICLE (28)

 

 

Every Libyan shall have the right to education. The State shall ensure the diffusion of education by means of establishment of public schools and of private schools which it may permit to be established under its supervision, for Libyans and foreigners.

 

ARTICLE (29)

 

Teaching shall be unrestricted so long as it does not constitute a breach of public order and is not contrary to morality. Public education shall be regulated by law.

 

ARTICLE (30)

 

Elementary education shall be compulsory for Libyan children of both sexes; elementary and primary education in the public schools shall be free.

 

ARTICLE (31)

 

Property shall be inviolable. No owner may be prevented from disposing of his property except within the limits of the law. No property of any person shall be expropriated except in the public interest and in the cases and in the manner determined by law and provided such person is awarded fair compensation.

 

ARTICLE (32)

   

The penalty of general confiscation of property shall be prohibited.

 

ARTICLE (33)

 

The family is the basis of society and shall be entitled to protection by the State. The State shall also protect and encourage marriage.

 

ARTICLE (34)

 

Work is one of the basic elements of life. It shall be protected by the State and shall be the right of all Libyans. Every individual who works shall be entitled to fair remuneration.

 

ARTICLE (35)

 

The State shall endeavour to provide as far as possible for every Libyan and his family an appropriate standard of living.

 

 

Chapter III

 

PART I

 

Powers of the Federal Government

 

Article (36) and (37)

 

 

PART II

 

Joint Powers

 

Article (38) and (39)

 

 

This entire Chapter is repealed by Law No1 of 1963.

 

 

Chapter IV

 

General Powers

 

 

ARTICLE (40)

 

Sovereignty shall belong to God, and by the Most High God's will it shall be entrusted to the nation from which all powers stem.

 

ARTICLE (41)

 

Legislative power shall be excercised by the King in conjunction with Parliament. The King promulgates the laws when they have been approved by Parliament in accordance with the procedures prescribed by this Constitution.

 

ARTICLE (42)

 

Executive power shall be excercised by the King within the limits of this Constitution.

 

ARTICLE (43)

 

Judicial power shall be excercised by the Supreme Court and other courts, which shall have judgments within the limits of this Constitution, in accordance with the law and in the name of the King.

 

 

Chapter V

   

The King

 

ARTICLE (44)

 

Subject to what has been provided in Article 40, sovereignty shall be vested by the nation in trust with the King Mohammed Idris el Mahdi el Senussi and after him to his male heirs, the oldest after the oldest, degree after degree.

 

ARTICLE (45)

 

The Throne of the Kingdom is hereditary in accordance with the two Royal Orders promulgated on 22nd of Safar 1374 H., and the 25th of Rabi'e el-Thani 1376 H., respectively. Each of these two Orders regulating the succession to the Throne shall have the same force as an article of this Constitution.

 

ARTICLE (46)

 

In the event of the King's death and the Throne remaining vacant owning to the lack of successor to the King or to no successor having been appointed, the Senate and the House of Representatives shall at once hold a joint meeting -without convocation- to appoint a successor within two days; three quarters at least of the number of members of the two chambers shall be present and the voting shall take place openly by a majority of two-thirds of the members present. If the choice cannot take place within the time specified, the two Chambers shall jointly proceed to make the choice on the eleventh day, in the presence of an absolute majority of the members of each of the two Chambers and by a proportionate majority. If the House of Representatives has been dissolved the old house shall immediately meet until the King has been chosen.

 

ARTICLE (47)

 

Before assuming his constitutional powers, the King shall take the following oath before a joint session of the Senate and the House of Representatives:-

"I swear by Almighty God to observe the Constitution and the laws of the country and to devote all my efforts to the maintenance of the independence of Libya and to defending the safety of its territory."

 

ARTICLE (48)

 

Whenever the King wishes to travel outside Libya or when circumstances prevent or delay him temporarily from excercising his constitutional powers, he may appoint one or more Deputies to perform such duties and to excercise such rights and powers as the King may delegate to such Deputy or Deputies.

 

ARTICLE (49)

 

The King shall attain his majority upon the completion of his eighteenth lunar year.

 

ARTICLE (50)

 

If the King is a minor, or if circumstances prevent or delay him from excercising his constitutional powers and he himself is unable to appoint a Deputy or Deputies, the Council of Ministers shall with the consent of the Parliament appoint a Regent or a Council of Regency to perform the duties of the King and to excercise his rights and powers until such time as he becomes of age or is capable of exercising his powers. If Parliament is not in session it shall be convened. If the House of Representatives has been dissolved the old House shall immediately meet until such time as the Regent or Council of Regency has been appointed.

 

ARTICLE (51)

 

No person may be appointed a Deputy to the Throne or as a Regent or a member of the Council of Regency unless he is a Libyan and a Moslem and has completed his fortieth year (Gregorian); however, a male of the Royal Family who has completed his twenty-first year (Gregorian) may be appointed.

 

ARTICLE (52)

 

During the period between the death of the King and the taking of the constitutional oath by his successor to the Throne, by the Regent or by the members of the Council of Regency, the Council of Ministers shall, on its own responsibility, excercise the constitutional powers of the King in the name of the Libyan nation.

 

ARTICLE (53)

 

The Regent or any member of the Council of Regency shall not assume office unless he has taken the following oath before a joint meeting of the Senate and the House of Representatives:- "I swear by Almighty God to observe the Constitution and the laws of the country, to devote all my efforts to the maintenance of its territory and to be loyal to the King." A Deputy to the Throne shall take his oath before the King or some person designated by the King.

 

ARTICLE (54)

 

A minister or any member of a legislative body may not be Regent or a member of a Council of Regency. If a Deputy to the Throne is a member of any legislative body he shall not take part in the activities of that body during the time he is acting as Deputy to the Throne.

 

ARTICLE (55)

 

If a Regent or a member of the Council of Regency, appointed in accordance with Article 50, dies or is prevented by any circumstances from performing his duties as Regent or as a member of the Council of Regency, the Council of Ministers may, with the consent of the Parliament appoint another person to replace him, in accordance with the provisions of Article 51, 53 and 54.

If Parliament is not in session it shall be convened. If the House of Representatives has been dissolved, the old House shall immediately meet until such time as a Regent or a member of the Council of Regency has been appointed.

 

ARTICLE (56)

 

The Civil List of the King and the Royal Family shall be fixed by law; it may not be reduced during his reign but it may be increased by resolution of Parliament. The law shall limit the salaries of Deputies to the Throne and the Regents which shall be paid from the Civil List of the King.

 

ARTICLE (57)

 

The judicial procedures to be followed in cases brought by the Royal Estate or against it shall be regulated by a law.

 

ARTICLE (58)

 

The King is the Supreme Head of the State.

 

ARTICLE (59)

 

The King shall be inviolable. He shall be exempt from all responsibility.

 

ARTICLE (60)

 

The King exercises his powers through his Ministries and responsibility rests with them.

 

ARTICLE (61)

 

The king shall not assume a throne outside Libya except after the consent of Parliament.

 

ARTICLE (62)

 

The King sanctions and promulgates the laws.

 

ARTICLE (63)

 

The King shall make the necessary regulations for carrying out the laws without modifying or dispensing with their execution.

 

ARTICLE (64)

 

If, when Parliament is not in session, exceptional circumstances arise which necessitate urgent measures, the King may issue decrees in respect thereof which shall have the force of law provided that they are not contrary to the provisions of this Constitution. Such decrees must be submitted to the Parliament or if they are not approved by either of the Chambers they shall cease to have the force of law.

 

ARTICLE (65)

 

The King shall open the sessions of Parliament and close them, and shall dissolve the House of Representatives in accordance with the provisions of this Constitution, and he may, when necessary, convene a joint meeting of the two Chambers to discuss any important question.

 

ARTICLE (66)

 

The king may, if he deems necessary convene Parliament to meet in an extraordinary session; he shall also convene it upon the presentation of a petition signed by an absolute majority of the members of the two Chambers. The King shall pronounce the closure of an extraordinary session.

 

ARTICLE (67)

 

The King may adjourn the session of Parliament but the adjournment may not exceed a period of thirty days nor may it be repeated during the same session without the consent of both Chambers.

 

ARTICLE (68)

 

The King is the Supreme Commander of all the armed forces in the Kingdom of Libya; and their duties are to protect the sovereignty of the country, and the safety and security of its territories. These armed forces consist of the Army and the Security Forces.  

 

ARTICLE (69)

 

The King shall declare war and conclude peace and enter into treaties which he ratifies after the approval of Parliament.

 

ARTICLE (70)

 

The King shall proclaim martial law and a state of emergency provided that he shall present the proclamation of martial law to Parliament in order to decide whether it shall continue or be replaced. If that proclamation is made when Parliament is not in session, Parliament must be urgently convened.