HCS slams HoR step to establish constitutional court in Benghazi

HCS slams HoR step to establish constitutional court in Benghazi

December 07, 2022 - 13:48
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Written By: SafaAlharathy

The High Council of State has rejected the Parliament's step to establish a constitutional court, insisting that the decision shows disregard for the principle of separation of powers and the independence of the judiciary.

"The Parliament’s issuance of the law establishing a constitutional court violates the constitutional basis of this authority approved by the constitution of 1951, which stipulates that the judicial power is assumed by the Supreme Court and other courts established within the limits of the constitution, according to the law," the HCS said on Tuesday.

The council added that any amendment to the judiciary system could only be through a constitution consulted by the people or a constitutional amendment agreed upon by the Libyan political parties, per the political agreement.

It called on the judicial authorities to refrain from applying the Constitutional Court Law issued by the House of Representatives.

The House of Representatives had issued, in its Tuesday session, the Constitutional Court Law provided that its permanent headquarters will be in Benghazi.