Constitutional principles are derived from moral and humanitarian norms, foremost among them Islamic law, which guarantees human rights in life, freedom, work, family formation, and other rights. Law merely reveals these rights rather than creating them, and constitutional judiciary is tasked with protecting them, whether they are explicitly stated or firmly established in the human conscience.

Constitutional judiciary in Libya derives its legitimacy from the Supreme Court and its historical legacy, and it may not be altered except through a new constitution approved by referendum by the people. The judiciary must maintain its independence and impartiality, away from political maneuvering, as the judiciary belongs to the state and not to judges.

As stated by the Libyan Supreme Court in a landmark constitutional ruling:

“If any written constitution is devoid of a provision guaranteeing every citizen the right to resort to a judiciary that ensures their right to defense, then this principle is derived from the commands of the Almighty and from the natural rights of human beings since their creation.”

Rights and freedoms have a declaratory rather than constitutive effect, and constitutional judiciary is tasked with protecting them even in the absence of written provisions. As for the second part of the constitution, relating to the form of the state and its authorities, it should be determined through a constitution approved by popular referendum, away from political disputes, in order to preserve the independence and credibility of the judiciary.

With scientific and technological development, it has become essential for both the legislative and judicial authorities to keep pace with new developments through specialized courts. A judge specialized in civil disputes cannot adequately adjudicate complex commercial or criminal cases, particularly in light of cybercrimes and international banking relations.

Judicial specialization ensures the quality of dispute resolution, enhances the judiciary’s ability to protect rights efficiently, and contributes to developing the competence of lawyers and the public prosecution in providing advanced judicial services.