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Section 1: Judicial Organization
In this part, we will address the nature of the judicial
organization in the Great Jamhirya, later we will move on to
court types and levels and other judicial bodies. We will then
take up terms of appointment of members of the judicial bodies.
Finally we will come across some critical developments of the
Libyan judiciary.
1- Nature of the Judicial System in the Jamhirya
The Libyan judicial system is built around the notion of the
unity of the judiciary. The Libyan legislator has declined to
adopt the concept of the dual judicial system as is the case in
many countries of the world which basically apply the Latin
system to their litigation system. In the Great Jamhirya, only one
judicial system is in place that is comprised of: Summary
Courts, Courts of First Instance, and Courts of Appeal and on
top of all these courts is one Supreme Court.
Judicial organization is dwelt on multiplicity of courts in
response to two basic considerations; First: the vast geographic
extension of the Libyan Region; Second: the desire to achieve
quality justice by placing courts nearby litigants' domiciles.
These courts examine civil, commercial and criminal disputes
and personal status cases.
There are specialized circuits to examine some cases; for
example the Department of Constitutional Jurisdiction at the
Supreme Court that is exclusively competent to look into the
constitutionality of laws to verify their conformity with basic
laws; the Administrative Judicial Circuits at the Courts of
Appeal exclusively competent to rule on requests of revoking
illegal administrative decisions and determine due compensation
as well as examine administrative matters relating to contracts.
All courts run their affairs in accordance with the Code of Civil
and Commercial Proceedings and Code of Criminal Procedure
alongside some additional provisions in the Administrative Law,
Supreme Court Law, and Code of Personal Status Procedure.