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Libya’s draft constitution: An analysis

Zaid Al-Ali, 12 September 2011, ConstitutionNet (English and Arabic)

Libya’s draft interim constitution, which is designed to guide the country through the coming period until a permanent constitution is finalized and enters into force, is a fairly standard text for the Arab region. It is at times progressive (it provides for a number of social rights, including social security; article 8), and intrusive at others (it requires the state to encourage marriage; article 5). It calls for the institution of a multi-party democracy (article 4), but refers a number of vital issues to future legislation, leaving open the possibility that non-democratic practices may develop (it provides that the conditions under which a warrant for phone tapping can be obtained, and that rules on the organization of political parties will be determined by law; articles 13 and 15 respectively).

Meet the Author

Zaid Al-Ali has been practicing law since 1999, specializing in international commercial arbitration and comparative constitutional law.

Author Zaid Al-Ali and his wife Rouba Beydoun during a dust storm in Iraq in 2010.

He has law degrees from Harvard Law School, the Université de Paris I (Sorbonne), and King’s College London. From 2005 to 2010, he was a legal adviser to the United Nations focusing on constitutional, parliamentary, and judicial reform in Iraq. Since the beginning of 2011, he has been working on constitutional reform throughout the Arab region, in particular in Tunisia, Libya, and Egypt. He has published widely on Iraq and on constitutional law.

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