The development of judicial independence in Libya
Abstract
The modern Libyan judiciary was officially established after Libya gained independence. Following independence, calls emerged for the establishment of a Libyan judiciary that would handle various cases and open courts to the public to resolve disputes. Its institutions were built in a manner consistent with the judicial hierarchy of most Western countries at the time, with sophisticated mechanisms in place that regulated the handling of cases and granted a degree of independence among the various structures. The Libyan legal system was based on a combination of civil law and Islamic Sharia principles, with judges applying Sharia principles to cases related to personal status. The Libyan judiciary followed the same approach as democratic regimes that adopted the principle of separation of powers. This resulted in the absolute independence of the judiciary during the period between the independence of the Libyan state and the establishment of the People's Authority, which adopted a system of unity of power. It then reverted to the principle of separation of powers after 2011.
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