He Judicial Authority a Guarantor for Establishing the Libyan Political System

Abstract

e judicial authority is the third constitutional institution among the institutions that make up the political system. There is no doubt that the independence of the judiciary is a well-established principle in jurisprudence and legislation due to its crucial in protecting rights and freedoms. This authority achieves justice by interpreting the law, and it possesses a special nature. The most significant characteristic of this authority is its independence, and the independence of the judicial authority is considered the basic criterion or the actual embodiment of the rule of law. Therefore, researching the independence of the judicial authority as a guarantor for establishing the political system in Libya is not an investigation into a controversial issue, but rather an objective extrapolation and an attempt to utilize realistic circumstances to develop the relationship of the judicial authority with the legislative and executive authorities, the extent of its subjection to the influence and control of these two authorities, in addition to the internal organization of the judicial institution itself to ensure its independence, as well as assessing the degree of professionalism and independence of the judge. This research aims to study one of the guarantees for establishing the political system, represented by the judicial authority, and to clarify its relationship and independence from the executive and legislative authorities. Through the descriptive analytical method, the research reached the following conclusions: What hinders the independence of the judiciary and its ineffectiveness as a guarantor for establishing the Libyan political system is the competition between two fundamental principles: the principle of legality and its connection to the rule of law, and the principle of separation of powers. It is essential for everyone, rulers and the ruled, to be subject to the judiciary's ruling emanating from the rule of law, and for each authority to be completely independent of the other, without isolation or severing the relationship between them, for the effectiveness of the political system.