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Back to: Constitutions
Libya
The
Constitution of Libya [1951-1969]
PREAMBLE
In the name of God the benificent, 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 unitym safeguard domestic tranquillit,
provide the means for common defence, secure the establishment of
justice, guarantee the principles of libertym 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).
(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Federal Regime repealed by Law No. 1 of 1963.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.
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Chapter I
The Form of the State and the 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, Chadm 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 nationalityshall 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 ersiding 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 od 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
distiction of religionm, 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 bt
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, telegrames, 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 ahall 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 ahall be guaranteed within the
limits of the law.
ARTICLE 24
Everyone shall be free to use any language in his private
transactions or riligious 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 and primary education in the public schools
shall be free.
ARTICLE 31
Property shall be inviolable. No owner may be prevented from
disposing og 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. Joints Powers, Article 38 and 39(*)
(*)
Cancellation:-
This Chapter with its two Parts and four Articles: 36. 37, 38 and 39
are repealed in this amendment.
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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 judgements 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 apointed, 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 twoChambers 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 co,pleted 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 consitutional 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 responsibiliy, 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
acordance 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 acordance with
the provisions of Article 51m 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 adjourment
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 Commandor 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.
ARTICLE 71
The King shall create and confer titles, decorations and all other
signs of honour; but creation of civil titles shall be prohibited.
ARTICLE 72
The King shall appoint the Prime Minister, he may remove him from
office or accept his resignation; he shall appoint the Ministers,
remove them from office, or accept their resignation at the proposal
of the Prime Minister.
ARTICLE 73
The King shall appoint diplomatic representatives and remove them
from office at the proposal of the Minister of Foreign Affairs. He
shall accept the credentials of the heads of foreign diplomatic
missions accredited to him.
ARTICLE 74
The King shall establish the public services and appoint senior
officials and remove them in accordance with the provisions of the
law.
ARTICLE 75
Currency shall be issued un the name of the King, according to law.
ARTICLE 76
No death sentence imposed by any Libyan Court shall be executed
except with the consent of the King.
ARTICLE 77
The King shall have the right to grant pardon or to commute a
sentence.
Chapter VI
The Ministers
ARTICLE 78
The Council of Ministers shall consist of the Prime Minister and of
the Ministers whom the King deems fit to appoint at the proposal of
the Prime Minister.
ARTICLE 79
Before assuming office the Prime Minister and Ministers shall take
the following oath before the King:- "I swear by Almighty God to be
loyal to the country and to the King, to observe the Constitution
and the laws, and fully consider the interests of the People."
ARTICLE 80
The King may appoint Ministers without profolio in case of
necessity.
ARTICLE 81
No non-Libyan may be a Minister.
ARTICLE 82
No member of the Royal Family may be a Minister.
ARTICLE 83
A Minister may at the same time be a Member of the Parliament.
ARTICLE 84
The Council of Ministers shall be responsible for the direction of
all the internal and external affairs of the State.
ARTICLE 85
For the signatures of the King concerning the affairs of the State
to be effective, they must have the countersignature of the Prime
Minister and of the competent Ministers. The Prime Minister shall be
appointed and relieved by Royal Decree, but the ministers shall be
appointed and relieved of office by Decrees signed by the King and
countersigned by the Prime Minister.
ARTICLE 86
The Ministers are collectively responsible before the House of
Representatives for the general policy of the State and each of them
individually is responsible for the activity of his ministery.
ARTICLE 87
If the House of Representative by a majority of allits members
passes a vote of no confidence in the Council of Ministers, the
Council of Ministers must resign. If the decision concerns one of
the Ministers, he must resign.
The House of Representatives shall not consider the request for a
vote of no confidence unless it has been presented by fifteen or
more of the Deputies. Such request may not be discussed except after
eight days from the date of its presentation and shall not be voted
upon except after two days from the completion of the discussion
therein.
ARTICLE 88
Ministers shall have the right to attend the meetings of both
Chambers and must be heard whenever they so request; they may not
take part in the voting unless they are members. They may have the
assistance of any officer they choose of their Ministry or may
appoint any such officer as a deputy to represent them. Each Chamber
may when necessary request any Minister to attend its meeting.
ARTICLE 89
In the event of the dismissel or resignation of the Prime Minister
all the Ministers are considered thereby to have been dismissed or
to have resigned.
ARTICLE 90
The Ministers may not while holding office assume any other public
office, excercise any other profession or purchase or rent any
property belonging to the State, or let or hire or sell directly or
indirectly take a part in the undertakings concluded and rtenders
invited by the Public Administration of the Institutions falling
under the administration or control of the State. They may not be
members of the Board of Directors of any company nor may they take
an active part in any commercial or financial enterprise.
ARTICLE 91
The salaries of the Prime Minister and the other Ministers shall be
determined by law.
ARTICLE 92
A law shall prescribe the civil and criminal responsibilities of the
Ministers and the Manner in which they may be charged and tried in
respect of offences committed by them in the excercise of their
duties.
Chapter VII
Parliament
ARTICLE 93
Parliament shall consist of two Chambers, the Senate and the House
of Representatives.
PART I. The Senate
ARTICLE 94
The Senate shall consist of twenty-four members appointed by the
King.
ARTICLE 95(*)
(*) repealed in accodance with Law No. 1 of the year 1963.
ARTICLE 96
In addition to the qualifications provided for in the Electoral Law,
the Senator must be a Libyan and, upon his appointment, his age must
not be less than forty Gregorian years.
ARTICLE 97
The Prisident of the Senate shall be appointed by the King. The
Senate shall elect two Vice-Prisidents. The result of the election
shall be submitted to the King for approval. The appointment of the
President and the election of the Vice-Presidents shall be for a
period of two years and the President may be re-appointed and the
two Vice-Presidents may be elected.
ARTICLE 98
Membership of the Senate shall be for eight years. Half the Senators
shall be replaced every four years. Retiring Senators may be
re-appointed.
ARTICLE 99
The Senate shall meet at the same time as the House of
Representatives; its sessions shall close at the same time as the
House of Representatives.
PART II. The House of Representatives
ARTICLE 100
The House of Representatives shall consist of members elected by
secret polling in accordance with the provisions of the Electoral
Law.
ARTICLE 101
The number of Deputies shall be determined on the basis of one
Deputy for every twenty thousand of population or fraction of that
number exceeding half.
ARTICLE 102
Libyans who have comleted their twenty-first year (Gregorian) shall
be entitled to vote in the manner prescribed in the law. Women may
excercise this right in accordance with the conditions provided for
in the law.
ARTICLE 103
A Deputy must:
1. have comleted his thirtieth year (Gregorian);
2. be inscribed on one of the electoral rolls; and
3. not be a member of the Royal Family.
In addition to the condition prescribed by the Electoral Law.
ARTICLE 104
The term of office of the House of Representatives shall be four
years unless it is dissolved earlier.
ARTICLE 105
At the opening of every session, the House of Representatives shall
elect a Speaker and two Vice-Presidents, who shall be eligible for
re-election.
ARTICLE 106
If the House of Representatives is dissolved on account of any
matter, the succeeding House of Representatives may not be dissolved
on account of the same matter.
ARTICLE 107
The order whereby the House of Representatives is dissolved shall
call upon the electors to carry out new elections within a period
not exceeding three months. It must also provide for the new Chamber
to be convened within twenty days of the completion of the
elections.
PART III. Provisions Common to the Two Chambers
ARTICLE 108
Each Member of Parliament represents the whole people; his electors
or the authority that appoints him may not make his mandate subject
to any conditions or restrictions.
ARTICLE 109
No one may be both a Senator and Deputy at the same time. Other
cases of incompatibility shall be determined by the Electoral Law.
ARTICLE 110
Before assuming his duties, each Senator and each Deputy shall take
publicly in the place of meeting of his Chamber the following oath:-
"I swear by Almighty God to be loyal to the country and to the King,
to observe the Constitution and the laws of the Country and to carry
out my duties honestly and truthfully."
ARTICLE 111
Each Chamber decides upon the validity of the election of its
members in accordance with its rules of procedure provided that, in
order to decide that the election of a member is invalid, a majority
of two-thirds of the members of the Chamber shall be required. This
power may be delegated to another authority by virtue of a law.
ARTICLE 112
The King shall call Parliament annually to hold its regular meeting
in the first week of November. Failing such convocation, Parliament
shall meet on the tenth day of the same month. Unless the Chamber of
Deputies is dissolved, the regular session shall last for at least
five months, and the King shall pronounce the closure of the
session.
ARTICLE 113
The period of sessions shall be common to both Chambers,. If both
Chambers meet, or either of them meets, at a time other than the
legal time, the meeting shall be unlawful and any resolutions taken
shall be void.
ARTICLE 114
The meeting of the two Chambers shall be public but each Chamber
shall, at the request of the Government or of ten of its members, go
into secret session in order to decide whether the discussion on the
question before it is to be held in public or in secret.
ARTICLE 115
During extraordinary sessions, Parliament shall not discuss, except
with the consent of the Governmentm questions other than those for
which it has been convened.
ARTICLE 116
The meetings of either of the two Chambers shall not be valid unless
the majority of the members are present at the opening of the
meeting. Neither of the two Chambers may take a decision unless the
majority of its members are present at the time of the decision.
ARTICLE 117
Except in cases where a special majority is required, decisions in
each of where a special majority is required, decisions in each of
the Chambers shall be adopted by a majority of the members present.
If the vote is equally divided, the proposal in question shall be
considered to have been rejected.
ARTICLE 118
Voting on questions under discussion in each Chamber shall take
place in the manner prescribed in its rules of procedure.
ARTICLE 119
Neither Chamber may discuss a bill before it has been considered by
the appropriate committee in conformity with its rules of procedure.
ARTICLE 120
Every bill adopted by one of the two Chambers shall be transmitted
by the President of that Chamber to the President of the other
Chamber.
ARTICLE 121
A bill which has been rejected by either Chamber may not be
re-introduced at the same session.
ARTICLE 122
Every member of Parliament has the right, in conditions which shall
be determined in the rules of procedure of each Chamber, to address
questions and interpellations to Ministers. Discussions on an
interpellation shall not take place until at least eight days after
it has been presented, except in cases of urgency and with the
consent of the person to whom the interpellation is addressed.
ARTICLE 123
Each Chamber shall have the right to investigatem in accordance with
its rules of procedure, specific questions within its competence.
ARTICLE 124
Members of Parliament shall have immunity with regard to opinions
they have expressed in either Chamber or in the committees thereof,
subject to the provisions of the respective rules of procedure.
ARTICLE 125
Except in cases of flagrance delicto, no criminal procedure may be
taken or continued against any member of either Chamber, nor may he
be arrested for criminal offencesm while Parliament is in session,
without the authorization of the Chamber of which he is a member.
ARTICLE 126
Members of Parliament other than those who excecise governmental
offices compatible with parliamentary membership may not be granted
any decorations or medals, with the exception of military ranks,
decorations and medals, during their term of office.
ARTICLE 127
The conditions under which a member of Parliament forfeits his
membership shall be determined by the Electoral Law, and the
decision of such forfeiture shall be taken by a majority of all the
members of the Chamber to which such member belongs.
ARTICLE 128
If a seat becomes vacant in either of the Chambers, it shall be
filled within three months by election or appointment in conformity
with the provisions of this Constitution. The period of three months
shall commence on the date on which the Chamber informs the
Government of the vacancy. The term of office of a new Senator shall
be limited to the term of office of his predecessor. The terms of
office of a new member of House of Represetatives shall expire upon
the termination of the period of office of the Chamber.
ARTICLE 129
Elections for a new House of Representatives shall take place within
the three months preceding the expiration of the period of office of
the old House of Represetatives. If it is not possible to carry out
elections within the said period the term of office of the old House
of Representatives shall extend until elections are held,
notwithstanding the provisions of Article 104.
ARTICLE 130
The replacement of half the members of the Senate shall take place
within the three months preceding the expiration of the terms of
membership of the retiring Senators. If it is impossible to effect
the replacement within that period, the term of membership of the
Senators whose period of office has expired shall be prolonged until
the appointment of the new Senators.
ARTICLE 131
The remuneration of Members of Parliament shall be fixed by law,
provided that no increase in such remuneration shall take effect
until after the expiration of the term of office of the House of
Representatives which decided it.
ARTICLE 132
Each Chamber shall lay its own rules of procedure and it shall
specify therein the manner in which it will excercise its functions.
ARTICLE 133
The President of each Chamber shall be responsible for maintaining
order in his Chamber. No armed force may enter either Chamber or be
stationed near its doors except by request of the President.
ARTICLE 134
No one may present a request to Parliament except in writing. Each
Chamber may transmit the petitions addressed to it to the Ministers.
The ministers shall be bound to give the Chamber necessary
explanations regarding such petitions whenever the Chamber so
requires.
ARTICLE 135
The King shall sanction the laws passed by the Parliament and shall
promulgate them within thirty days of the date of their
communications to him.
ARTICLE 136
Within the period prescribed for the promulgatio of a law, the King
may refer the law back to Parliament for re-consideration, in which
case Parliament must re-consider the law. If the law is passed again
by a two-thirds majority of the members composing each of the two
Chambers, the King shall sanction and promulgate it within the
thirty days following the communication to him of the last decision.
If the majority is less than two thirds the bill shall not be
re-considered during that session. If Parliament in another session
passes such bill again by a majority of all the members composing
each of the two Chambers the King shall sanction and promulgate it
within the thirty days following the communication of the decision
to him.
ARTICLE 137
Laws which are promulgated by the King shall become effective in the
Kingdom of Libya after thirty days from the date of their
publication in the Official Gazette. This period may be increased.
The laws must be published in the Official Gazette within fifteen
days of thir promulgation.
ARTICLE 138
The right to initiate laws shall be vested in the King, the Senate
and the House of Reppresentatives, except when they concern the
budget or the imposing of new taxes or the modification of taxes or
exemption or part exemption from taxes or their abolition, then the
right to initiate such laws shall be vested in the King and the
House of Representatives.
ARTICLE 139
The President of the Senate shall preside whenever the two Chambers
meet together in Congress. In his absence, the Speaker of the House
of Represetatives shall preside.
ARTICLE 140
The meetings of Congress shall be valid only when the absolute
majority of the members of each of the Chambers composing the
Congress id present.
Chapter VIII
The Judiciary
ARTICLE 141
The Supreme Court shall be formed of a President and of Judges
appointed by a Decree, and prior taking office, they shall take oath
before the King.
ARTICLE 142
The President and Judges of the Court shall retire when they have
completed the sixty-fifth year of their age (Gregorian).
ARTICLE 143
The competences of the Supreme Court shall be determined by the law
which shall likewise arrange and designate the competences of the
other judicial authorities.
ARTICLE 144
The courts shall hold their sessions in public, unless a court
decides to hold its session in secret in the interest of public
order and morality.
ARTICLE 145
The Judges shall be independent; and in the administration of
justice they shall be answerable only to the law. They may not be
removed from office, as in the manner prescribed in the law.
ARTICLE 146
The conditions of appointing the Judges, their transfer and the
disciplinary actions taken against them shall be prescribed by law.
ARTICLE 147
The function of the Parquet, its competences and its connection with
the Judiciary shall be organised by law.
ARTICLE 148
Appointment of the Members of Parquet in the courts, the
disciplinary actions taken against them and their removal shall be
in accordance with the conditions determined by law.
ARTICLE 149
The arrangement of Martial Courts, the manifestation of their
competences and the conditions necessary to be required in those who
take charge of justice therein shall be organised by law.
ARTICLES 150(*) to 158(*)
* Articles from 150 to 158 are repealed by Law No. 1 for the year
1963.
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Chapter IX
Fiscal System
ARTICLE 159
The general budget shall be submitted to Parliament for examination
and approval at lease two months before the begining of the
financial year. The budget shall be approved head by head. The
begining of the financial year shall be determined by a law.
ARTICLE 160
The budget shall be discussed and approved in the first instance by
the House of Representatives.
ARTICLE 161
The parliamentary session may not be terminated before the budget
has been approved.
ARTICLE 162
In the cases where the budget has not been approved before the
begining of the financial year, provisional monthly credits shall be
opened by Royal Decree on the basis of one twelfth of the credits
for the preceding year, and revenue shall be collected and sums
expended in accordance with the laws in force at the time of the
preceding fiancial year.
ARTICLE 163
Any expenditure for which provision has not been made in the budget
or which exceeds the budget estimates must be authorized by
Parliament, and any transfer of funds from one head of the budget to
another must be authorized.
ARTICLE 164
Between sessions or during the period when the House of
Represetatives is dissolved, and in cases of urgent necessity, new
expenditure for which provision has not been made in the budget may
be approved or sums may be transferred from one head of the budget
to another on condition that such action is taken by Royal Decree
and submitted to Parliament within a period of not more than one
month after the next meeting.
ARTICLE 165
A draft exceptional budget may, in cases of necessity, be drawn up
for more than one year to provide for revenue and expenditure of an
exceptional nature; such a budget shall not be put into force until
it has been approved by Parliament.
ARTICLE 166
The Audit Office shall audit the Government accounts and shall
report to Parliament on the result of the audit. The powers of the
Audit Office and its constitution and rules of exercising its
auditing powers shall be determined by law.
ARTICLE 167
No tax may be imposed, modified or abolished except by law. No one
may be exemt fro the payment of taxes except in cases provided by
law. No one may be asked to pay any amounts of fees except within
the limits of the law.
ARTICLE 168
No pension, compensation, gratuity or payment from provident fund
may be approved for payment out of the Government Treasury except
within the limits of the law.
ARTICLE 169
No public loan or undertaking that is likely to be a charge on the
Treasury for one or more of the following years may be contracted
without the consent of Parliament.
ARTICLE 170
The Currency System shall be determined by law.
ARTICLE 171
Any dispute between the Senate and the House of Representatives
concerning the approval of a head of the budget shall be settled by
a decision taken by an absolute majority of the two Chambers meeting
in Congress.
ARTICLE 172
All revenues of the State including the receipts from all taxes and
fees and other properties shall be paid to the public Treasury in
conformity with the provisions of the Constitution and the laws.
ARTICLES 173(*), 174(*) and 175(*)
(*) Repealed in accordance with Law No. 1 for the year 1963.
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Chapter X
Local Administration
ARTICLE 176
The Kingdom of Libya shall be divided into administrative units in
conformity with the law to be promulgated in this connection. Local
and municipal councils may be formed in the Kingdom. The extend of
these units shall be determined by law which shall likewise organize
these Councils.
ARTICLES 177(*) to 185(*) respectively
(*) Repealed in accordance with Law No. 1 for the year 1963.
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Chapter XI
General Provisions
ARTICLE 186
Arabic shall be the official language of the State.
ARTICLE 187
Cases in which a foreign language may be used in official
transactions shall be determined by law.
ARTICLE 188
The Kingdom of Libya has two capitals: Tripoli and Benghazi.
ARTICLE 189
The extradition of political refugees shall be prohibited.
International treaties and the laws shall prescribe the grounds for
the extradition of ordinary criminals.
ARTICLE 190
Foreigners shall be deported only in accordance with the provisions
of the law.
ARTICLE 191
The legal status of foreigners shall be prescribed by law in
accordance with the principles of International Law.
ARTICLE 192
The State shall guarantee respect for the systems of personal status
of non-Moslems.
ARTICLE 193
General amnesty shall not be granted except by law.
ARTICLE 194
A law shall determine the manner in which the land, sea and air
forces are established and organised.
ARTICLE 195
No provision of this Constitution may be suspended under any
circumstamces except where such suspension is temporary in time of
war or during the operation of martial law and is in accordance with
law. In any event a parliamentary session may not be suspended when
the conditions prescribed by this Constitution for the holding of
such a session exist.
ARTICLE 196
The King or either of the two Chambers may propose the revision of
this Constitution either by the amendment or decision of one or more
of its provisions or by the insertion of additional provisions.
ARTICLE 197
No proposal may be made to review the provisions relating to the
monarchal form of government, the order of succession to the throne,
the representative form of government or the principles of liberty
and equality guaranteed by this Constitution.
ARTICLE 198
For the purpose of reviewing this Constitution, each of the two
Chambers shall, by an absolute majority of all its members, adopt a
resolution stating the necessity for the review and prescribing the
subject thereof. The two Chambers shall, after discussing the
matters subject to review, adopt their decisions in respect thereof.
Discussion and voting in each of the two Chambers shall not take
place unless three-quarters of its members are present. The
resolution to be valid must be adopted by a majority of
three-quarters of the members present in each of the two Chambers
and must be sanctioned by the King.
ARTICLE 199(*)
(*) Repealed in accordance with Law No. 1 for the year 1963.
ARTICLE 200
Immigration into Libya shall be regulated by law.
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Chapter XII
Transitory and Provisional Provisions
ARTICLE 201
Until the promulgation of the Law on "Local Administration," the
Kingdom of Libya shall be divided into ten main administrative
units, which shall be named by a Resolution of the Council of
Ministers, and each unit shall be headed by an official appointed by
Royal Decree.
ARTICLE 202
The existing Senate shall retain its present form until the expiry
of the membership of each Senator.
ARTICLE 203(*)
(*) Repealed in accordance with Law No. 1 for the year 1963.
ARTICLE 204
All laws, legislation, orders and notices which are in operation in
any part of Libya upon the coming into force of this Constitution
shall continue to be effective in so far as they are not
inconsistent with the provisions of the new constitutional
amendment, until they expire, or they are repealed, amended or
replaced by other legislation enacted in accordance with the rules
prescribed in this Constitution.
ARTICLES 205 to 213 repectively(*)
(*) Repealed in accordance with Law No. 1 for the year 1963.
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The Libyan National Assembly prepared and resolved this Constitution
in its meeting held in the city of Benghazi on Sunday, 6th Muharram,
Hegera 1371 corresponding to 7th October 1951, and delegated its
president and the two Vice-Presidents to promulgate it and submit it
to His Majesty, the Exalted King, and published in the Official
Gazette in Libya.
In pursuance of the Resolution of the National Assembly we have
promulgated this Constitution in the city of Benghazi on Sunday, the
6th day of Muharram, Hegera 1371, corresponding to the 7th day of
October 1951.
MOHAMED ABULAS'AD EL-ALEM
President of the National Assembly
OMAR FAIEK SHENNIB
Vice-President of the National Assembly
ABUBAKER AHMED ABUBAKER
Vice-President of the National Assembly |
