Constitution of the United Kingdom of Libya (1951)

Preamble

In the name of God the beneficent, the merciful: We, the representatives of the people of Libya from Cyrenaica , Tripolitania and the 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 between us under the Crown of King Mohumad Idris Al Mahdi AlSenussi, to whom the nation has offered the Crown and who was declared constitutional King of Libya by this the National Constituent Assembly: And having decide-I and determined to establish a democratic independent sovereign State which willguarantee the national unity, safeguard domestic tran- quillity, provide the means for common defence, secure the establishment of justice, guarantee the principles ofliberty, 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 United Kingdom of Libya.

Chapter I. 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, its form is federal and its system of government is representative. Its name is “the United Kingdom of Libya”.

⁠Article 3. The United Kingdom of Libya consists of the Provinces of Cyrenaica, Tripolitania and the Fezzan.

⁠Article 4. The boundaries of the United Kingdom of Libya are:
⁠On the north, the Mediterranean Sea;
⁠On the east, the boundaries of the Kingdom of Egypt and of the Anglo-Egyptian Sudan;
⁠On the south, the Anglo-Egyptian Sudan, French Equatorial Africa, French West Africa and the Algerian Desert;
⁠On the west, the boundaries 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 federal law.

⁠Article 7. The national flag shall have the following 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 white 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 nationality shall be determined by a federal law. Such law shall grant facilities to persons of Libyan origin residing abroad and to their children and to citizens of Arab countries and to foreigners who are residing 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 of 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 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 distinction of religion, belief. race, language, wealth, kinship or political or social opinion.

⁠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 of recourse to the Courts, in accordance with the provisions of thelaw.

⁠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 had 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 uncler any circumstances be tortured by anyone or subjected to punishment degrading to him.

⁠Article 17. No offence may be established or penalty inflicted except by law. Only offences committed after the promulgation of a law shall be subject to the penalities 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, telegrams, telephonic communications and all correspondence 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 Libyans and 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 shall 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 or morality.

⁠Article 23. Freedom of the Press and of printing shall be guaranteed within the limits of the law.

⁠Article 24. Everyone shall be free to use any language in his private transactions or religious 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 the law.

⁠Article 26. The right of peaceful association shall be guaranteed. The exercise of that right shall be regulated by law but the establishment of secret associations and those which have as their purpose the realization of political objectives by means of organizations of a military nature shall be prohibited.

⁠Article 27. Individuals shall have the right to address public authorities by means of letters signed by them in connexion with matters which concern them but only organized bodies or juristic persons may 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 edu- cation by means of the 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 primary education in the public schools shall be free.

⁠Article 31. Property shall be inviolable. No owner may be prevented from disposing of 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 economic 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. The Federal Government shall exercise legislative and executive powers in connexion with the matters shown in the following list:
⁠(1) Diplomatic, consular and commercial representation;
⁠(2) Affairs of the United Nations and its specialized agencies;
⁠(3) Participation in international conferences and bodies and the implementation of the decisions adopted by them;
⁠(4) Matters relating to war and peace;
⁠(5) The conclusion and implementation of treaties and agreements with other States;
⁠(6) The regulation of trade with foreign States;
⁠(7) Foreign loans;
⁠(8) Extradition;
⁠(9) The issue of Libyan passports and visas;
⁠(10) Immigration into Libya and emigration from Libya;
⁠(11) Admission into and residence of foreigners in Libya and their expulsion;
⁠(12) Matters relating to nationality;
⁠(13) All other matters relating to foreign affairs;
⁠(14) Provision for the land, sea and air forces, their training and maintenance and the employment thereof;
⁠(15) Defence industries;
⁠(16) Libyan military, naval and air force arsenals;
⁠(17) The limitation of powers in cantonment areas, the appointment of personnel for these areas and determining their powers and the regulation of residence therein. The boundaries thereof shall be delimited after consultation with the Provinces;
⁠(18) Arms of all kinds for national defence, including firearms, ammunitions and explosives;
⁠(19) Martial law;
⁠(20) Atomic energy and materials essential to its production;
⁠(21) All other matters relating to national defence;
⁠(22) Air lines and agreements relating thereto;
⁠(23) Meteorology;
⁠(24) Posts and telegraphs, telephones, wireless, federal broadcasting and other forms of federal communication;
⁠(25) Federal roads and other roads which the Federal Government, after consultation with the Provinces, decides do not belong to a particular Province;
⁠(26) The construction and control of federal railways, after agreement with the Provinces which they cross;
⁠(27) Customs;
⁠(28) Taxation necessary to meet the expenditure of the Federal Government, after consultation with the Provinces;
⁠(29) Federal Bank;
⁠(30) Currency, the minting of coins and the issue of notes;
⁠(31) Federal finances and public debt;
⁠(32) Exchange and stock exchanges;
⁠(33) Inquiries and statistics relating to the Federal Government;
⁠(34) Matters relating to the officers of the Federal Government;
⁠(35) In consultation with the Provinces, the promotion of agricultural and industrial production and commercial activities and the ensuring to the country of essential foodstuffs;
⁠(36) Properties of the Federal Government, the acquisition, management and disposal thereof;
⁠(37) Co-operation between the Federal Governmentand the Provinces in the work of the criminal police and the establishment of a central bureau for the criminal police and the pursuit of international criminals;
⁠(38) Education in universities and other institutions of higher education and the determination of educational degrees;
⁠(39) All matters assigned by this Constitution to the Federal Government.

⁠Article 37. The Federal Government may, with the agreement of any Province, delegate to it or to its officers the executive power concerning any matter which is within its competence under this Constitution, provided the Federal Government will bear the expense of the execution.

PART II. JOINT POWERS

⁠Article 38. In order to ensure a co-ordinated and unified policy between the Provinces, the legislative power relating to the following matters shall be within the competence of the Federal Government, while the executive power in connexion with the implementation of that legislation shall be within the competence of the Provinces acting under the supervision of the Federal Government
⁠(1) Companies;
⁠(2) Banks;
⁠(3) Organization of imports and exports;
⁠(4) Income tax;
⁠(5) Monopolies and concessions;
⁠(6) Sub-soil wealth and prospecting and mining;
⁠(7) Weights and measures;
⁠(8) All forms of insurance;
⁠(9) Census;
⁠(10) Shipping and navigation:
⁠(11) Major ports which the Federal Government considers to be of importance with regard to international navigation;
⁠(12) Aircraft and air navigation, the construction of airports, the regulation of air traffic and the administration of airports;
⁠(13) Lighthouses, including lightships, beacons and other provisions for the safety of sea and air navigation;
⁠(14) The establishment of the general judicial organization subject to the provisions of chapter 8 of this Constitution;
⁠(15) Civil, commercial and criminal law, civil and criminal procedure, the legal profession;
⁠(16) Literary, artistic and industrial copyright, inventions, patents, trademarks and merchandise marks;
⁠(17) Newspapers, books, printing presses and broadcasting;
⁠(18) Public meetings and associations;
⁠(19) Expropriation;
⁠(20) All matters relating to the national flag and the national anthem and official holidays;
⁠(21) Conditions for practising scientific and technical professions;
⁠(22) Labour and social security;
⁠(23) The general system of education;
⁠(24) Antiquities and archaeological sites and museums, libraries, and other institutions declared by a federal law to be of national importance;
⁠(25) Public health and the co-ordination of matters relating thereto;
⁠(26) Quarantine and quarantine stations;
⁠(27) Conditions for licences to practise the medical profession and other professions connected with health.

⁠Article 39. The Provinces shall exercise all powers connected with the matters which have not been assigned by this Constitution to the Federal Government.

Chapter IV. GENERAL FEDERAL POWERS

⁠Article 40. Sovereignty is vested in the nation and the nation is the source of powers.

⁠Article 41. Legislative power shall be exercised by the King in conjunction with Parliament. The King promulgates the laws when they have been approved by Parliament in accordance with the procedure prescribed by this Constitution.

⁠Article 42. Executive power shall be exercised by the King within the limits of this Constitution.

⁠Article 43. Judicial power shall be exercised by the Supreme Court and other courts, which shall give judgments within the limits of this Constitution, in accordance with the law and in the name of the King.

Chapter V. THE KING

⁠Article 44. The sovereignty of the United Kingdom of Libya is vested in the nation. By the will of God the people entrust it to King Mohamad Idris Al Nahdi Al 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. The order of succession to the Throne shall be determined by Royal Decree promulgated by King Idris I within a year of the date of the promulgation of this Constitution. No one may accede to the Throne unless he is of sound mind, a Libyan and a Moslem born of Moslem parents legally wedded. The Royal Decree which shall regulate 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 owing to the lack of a successor to the King or to no successor having been appointed, the Senate and the House of Representatives shall at once hold a joint meeting without convocation to appoint a successor within ten 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 two Chambers 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 exercising his constitutional powers, he may appoint one or more Deputies to perform such duties and to exercise 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 any circumstances prevent or delay him from exercising his constitutional powers and he himself is unable to appoint a Deputy or Deputies, the Council of Ministers shall with the consent of Parliament appoint a Regent or a Council of Regency to perform the duties of the King and to exercise 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 a Regent or a member of the Council of Regency unless he is a Libyan and a Moslem and has completed 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 constitutional 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 responsibility, exercise 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 the independence of Libya and to defending the safety of its territory and to be loyal to the King”.
⁠A Deputy to the Throne shall take this oath before the King or some person designated by the King.

⁠Article 54. A Minister or any members 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 Councilof Regency, appointed in accordance 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 Parliament appoint another person to replace him, in accordance with the provisions of articles 51, 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 of the Royal Family shall be fixed by federal 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 of Regents which shall be paid from the Civil List of the King.

⁠Article 57. The judicial procedure to be followed in cases brought by the Royal Estate or against it shall he regulated by a federal 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 power through his Ministers 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 suspending the laws 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 Parliament at its first meeting; if they are not submitted to 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 adjournment may not exceed a period of thirty days nor may it be repeated during the same session without the consent of bath Chambers.

⁠Article 68. The King is the supreme commander of all the Libyan armed 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 repealed. 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, ranks, decorations and all other signs of honour.

⁠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 in 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 Ministerand Ministers shall take an oath before the King.

⁠Article 80. The King may appoint Ministers without portfolio 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 Parliament.

⁠Article 84. The Council of Ministers shall be responsible for the direction of all the internal and external affairs of the State, in accordance with the powers given to the Federal Government by this Constitution and in accordance with the provisions of this Constitution.

⁠Article 85. For the signatures of the King concerning the affairs of State to be effective, they must have the counter-signature of the Prime Minister and of the competent Ministers, provided that decrees appointing the Prime Minister or relieving him of office shall be signed by the King alone and decrees appointing Ministers or relieving them of office shall be signed by the King and counter-signed by the Prime Minister.

⁠Article 86. The Ministers are collectively responsible to the House of Representatives for the general policy of the State and each of them individually is responsible for the activities of his Ministry.

⁠Article 87. If the House of Representatives by amajority of all its 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, whether such request be direct or implied, 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 itspresentation and shall not be voted upon except after two days from the completion of the discussion thereon.

⁠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 dismissal 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, exercise any other profession or purchase or rent any property belonging to the State, and they may not directly or indirectly take part in the undertakings concluded and tenders invited by the public administration or 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 federal law.

⁠Article 92. A federal 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 exercise 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; each of the three Provinces of the Kingdom of Libya shall have eight members.

⁠Article 95. The King appoints one-half of the members. The other members shall be elected by the Legislative Councils of the Provinces.

⁠Article 96. A Senator must be a Libyan and have completed the fortieth year of his age (Gregorian) and possess such qualifications as are provided in the federal electoral law.
⁠Members of the Royal Family may be appointed to the Senate but may not be elected.

⁠Article 97. The President of the Senate shall be appointed by the King. The Senate shall elect two Vice-Presidents: the result of the election shall he submitted to the King for approval. The appointment of the President and the election of the two Vice-Presidents shall be for a period of two years and the President may be re-appointed and the two Vice-Presidents may be re-elected.

⁠Article 98. Membership of the Senate shall be for eight years. Half the appointed Senators and half the elected Senators shall be replaced every four years. Retiring Senators may be re-appointed or re-elected.

⁠Article 99. The Senate shall meet at the same time as the House of Representatives; its sessions shall close at the same time as those of the House of Representatives.

PART II. THE HOUSE OF REPRESENTATIVES

⁠Article 100. The House of Representatives shall consist of members elected in the three Provinces in accordance with the provisions of a federal electoral law.

⁠Article 101. The number of Deputies shall be determined on the basis of one Deputy for every twenty thousand inhabitants or fraction of that number exceeding half, provided that the number of Deputies in any of the three Provinces shall not be less than five.

⁠Article 102. A voter must be:
⁠(1) A Libyan; and
⁠(2) Shall have completed his twenty-first year (Gregorian), in addition to the conditions prescribed by the federal electoral law.

⁠Article 103. A Deputy must:
⁠(1) Have completed his thirtieth year (Gregorian);
⁠(2) Be inscribed on one of the electoral rolls of the Province in which he resides; and
⁠(3) Not be a member of the Royal family, in addition to the conditions prescribed by the federal 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 President 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 in the three Provinces 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 a Deputy at the same time. No member of Parliament may at the same time be a member of a provincial Legislative Council or the holder of any public office. Other cases of incompatibility shall be determined by the federal 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 federal law.

⁠Article 112. The King shall call Parliament annuallyto 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 meetings 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 Government, 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 the Chambers shall beadopted 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 ineach Chamber shall take place in the manner prescribedin its rules of procedure.

⁠Article 119. Neither Chamber may discuss a bill before it has been considered by the appropriate committees 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 reintroduced 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. Discussion on an interpellation shall not take place until at least eight days after it has been presented, except in cases of emergency and with the consent of the person to whom the interpellation is addressed.

⁠Article 123. Each Chamber shall have the right to investigate, 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 ineither Chamber or in the committees thereof, subject to the provisions of the respective rules of procedure.

⁠Article 125. Except in cases of flagrante delicto, no member of either Chamber may be prosecuted or arrested for criminal offences 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 exercise governrnental offices compatible with parliamentary membership may not be granted any title or decoration, with the exception of military ranks and decorations, during their term of office.

⁠Article 127. The conditions under which a member of Parliament forfeits his membership shall be determined by the Federal 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 provisionsof 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 tothe term of office of his predecessor. The term of office of a new member of the House of Representatives 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 Representatives. 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 by means of election or appointment within the three months preceding the expiration of the terms of office of the retiring Senators. If it is impossible to effect the replacement within that period, the term of office of the Senators whose period of office has expired shall be prolonged until the election or appointment of the new Senators, notwithstanding the provisions of article 98.

⁠Article 131. The remuneration of members of Parliament shall be fixed by federal 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 down its own rules of procedure and it shall specify therein the manner in which it will exercice 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 Parliament and shall promulgate them within thirty days of the date of their communication to him.

⁠Article 136. Within the period prescribed for the promulgation of a law, the King may refer the law back to Parliament for reconsideration, in which case Parliament must reconsider 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 reconsidered 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 United Kingdom of Libya after thirty days from the date of their publication in the official gazette. This period may be increased or decreased by a special provision in the law concerned. The laws must be published in the official gazette within fifteen days of their promulgation.

⁠Article 138. The right to initiate laws shall be vested in the King, the Senate and the House of Representatives, 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, when 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 President of the House of Representatives shall preside.

⁠Article 140. The meetings of the Congress shall be valid only when the absolute majority of the members of each of the two Chambers composing the Congress are present.

Chapter VIII. THE JUDICIARY

⁠Article 141. The general judicial organization of the State shall be determined by federal law in accordance with the provisions of this Constitution.

⁠Article 142. The judges shall be independent; in the administration of justice, they shall be answerable only to the law.

FEDERAL SUPREME COURT

⁠Article 143. The Supreme Court shall consist of a President and of judges appointed by the King.

⁠Article 144. Before taking office the President and members of the Supreme Court shall take oath before the King.

⁠Article 145. Should the office of a judge fall vacant, the King, after consulting the President of the Court, shall appoint another judge.

⁠Article 146. The President and judges of the Court shall retire when they have completed the sixty-fifth year of their age (Gregorian).

⁠Article 147. The President and judges of the Court may not be removed from office; nevertheless, if it appears that for reasons of health, or because he has lost the confidence or respect which his office requires, one of them can no longer exercise his functions, the King, with the approval of the majority of the members of the Court, excluding the member concerned, shall relieve him of his office.

⁠Article 148. The basic salaries, allowances and provisions concerning leave of absence and pensions or provident fund of judges of the Supreme Court shall be determined by a federal law; no modification which would be prejudicial to a judge shall apply to a judge after he has been appointed.

⁠Article 149. When the President of the Court is absent or otherwise unable to perform his duties the King may appoint a member of the Court to perform the duties of the President.

⁠Article 150. When a judge is absent or otherwise unable to perform his duties the King may, after consultation with the President, appoint some person to replace him during his absence; the member thus appointed shall enjoy all privileges of the other judges of the Court while he is so acting.

⁠Article 151. The Supreme Court exclusively shall be competent to hear disputes which may arise between the Federal Government and one or more Provinces or between two or more Provinces.

⁠Article 152. The King may refer important constitutional and legislative questions to the Supreme Court for an opinion; the Court shall examine such questions and inform the King of its opinion, taking into account the provisions of this Constitution.

⁠Article 153. An appeal may be lodged with the Supreme Court, in accordance with the provisions of the federal law, against any judgment by a provincial court in civil or criminal proceedings if such judgment included a decision in a dispute concerning this Constitution or the interpetration thereof.

⁠Article 154. Subject to the provisions of article 153, the cases in which an appeal against the judgment of a provincial court or an appeal for cassation may be lodged with the Supreme Court shall be determined by a federal law.

⁠Article 155. The legal principles embodied in the decisions of the Supreme Court shall be binding on all courts within the United Kingdom of Libya.

⁠Article 156. All civil and judicial authorities in the United Kingdom of Libya shall give the Supreme Court any assistance it may require.

⁠Article 157. Other functions may be conferred on the Supreme Court by federal law, so long as they are not contrary to the provisions of this Constitution.

⁠Article 158. The Supreme Court, with the approval of the King, shall determine the rules regulating the practice and procedure in the Court and fixing the fees to be charged.

Chapter IX. FEDERAL FINANCE

⁠Article 159. The general budget shall be submitted to Parliament for study and approval at least two months before the beginning of the financial year. The budget shall be approved head by head. The beginning of the financial year shall be determined hy a federal 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 all cases where the budget has not been approved before the beginning 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 end of the preceding financial 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 also be so authorized.

⁠Article 164. Between sessions or during the period when the House of Representatives 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 Federal Government accounts and shall report to Parliament on the result of the audit. The powers of the Audit office and its constitution and the rules for exercising its auditing powers shall be determined by federal law.

⁠Article 167. No tax may be imposed, modified or abolished except by law. No one may be exempt from the payment of taxes except in cases provided by law. No one may be asked to pay any amounts or fees except within the limits of the law.

⁠Article 168. No pension, compensation, gratuity or payment from the 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 federal law.

⁠Article 171. Any dispute between the Senate andthe 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. The receipts from all taxes and fees relating to matters which are within the legislative and executive competence of the Federal Government under article 36 of this Constitution shall be paid to the Federal Government.

⁠Article 173. Each Province shall have the revenue from taxes and fees accruing from matters within its competence in accordance with article 39 of this Constitution, and also from matters within its executive competence in accordance with article 38 of this Constitution.

⁠Article 174. The Federal Government must allocate annually to the Provinces from its receipts sufficient funds to enable them to discharge their obligations subject to the condition that their financial capacity is not less than it was before independence. The method and amount of such allocations shall be determined by federal law in a manner that will guarantee to the Provinces an increase in the amounts to be allocated to them by the Federal Government, such increases to be proportionate to the growth of the federal revenue and such as will guarantee to them a constant economic progress.

⁠Article 175. In cases of the imposition of federal taxes for which provision is made in article 36, paragraph (28), the Provinces shall be consulted before the bill relating to such taxes is submitted to Parliament.

Chapter X. THE PROVINCES

⁠Article 176. The Provinces shall exercice all powers which have not been assigned to the Federal Government under the provisions of this Constitution.

⁠Article 177. Each Province shall formulate its own Organic Law provided that its provisions are not contrary to the provisions of this Constitution. The formulation of such laws and their promulgation shall take place within a period not exceeding one year from the promulgation of this Constitution.

⁠Article 178. The Provinces shall be bound to observe the provisions of this Constitution and to enforce the federal law in the manner prescribed in this Constitution.

⁠Article 179. Each Province shall have a governor who shall be called the “Wali”.

⁠Article 180. The King shall appoint the Wali and may relieve him of office.

⁠Article 181. The Wali shall represent the King within the Province and shall supervise the implementation of this Constitution and of the federal laws therein.

⁠Article 182. Each Province shall have an Executive Council.

⁠Article 183. Each Province shall have a Legislative Council, three-quarters of the members of which at least shall be elected.

⁠Article 184. The functions of the Wali shall be deter-mined by the Organic Law in each Province, subject to the provisions of article 181, and the functions of the Executive and Legislative Councils shall also be so determined.

⁠Article 185. Judicial power shall be exercised by the local tribunals in the Provinces in accordance with the provisions of this Constitution.

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 translations shall be determined by a federal law.

⁠Article 188. The United Kingdom of Libya has two capitals, Tripoli and Benghazi.

⁠Article 189. The extradition of political refugees shall be prohibited. International treaties and the federal 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 federal law.

⁠Article 191. The legal status of foreigners shall be prescribed by federal 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 federal law.

⁠Article 194. A federal law shall determine the manner in which the land, sea and air forces are established and regulated.

⁠Article 195. No provision of this Constitution may be suspended under any circumstances 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 deletion 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 two-thirds of its members are present. The resolutions to be valid must be adopted by a majority of two-thirds of the members present in each of the two Chambers and must be sanctioned by the King.

⁠Article 199. In the event of a review of the provisions concerning the federal form of government, such review must be approved, in addition to the provisions laid down in the preceding article, by all the Legislative Councils of the Provinces. Such approval shall be expressed by a resolution taken in this respect by the Legislative Council of each Province before the review is presented to the King for his sanction.

⁠Article 200. Immigration into Libya shall be regulated by a federal law. No immigration shall be permitted into a Province without the approval of the Province having been secured.

Chapter XII. TRANSITORY AND PROVISIONAL PROVISIONS

⁠Article 201. This Constitution shall come into force upon the declaration of independence, which must take place by 1 January 1952 in accordance with the resolution of the United Nations General Assembly dated 1 November 1949. Nevertheless the provisions of article 8 of this Constitution and of this chapter shall come into force on the promulgation of this Constitution.

⁠Article 202. Until the establishment of a government constituted in accordance with the provisions of article 203 of this Constitution, the Provisional Federal Government shall exercise all the powers concerning the matters transferred to it by the two Administering Powers and by the existing Provincial Governments, provided that the provisions laid down by it shall not be contrary to the fundamental principles established by this Constitution.

⁠Article 203. Upon the declaration of independence the King shall appoint the duly constituted government.

⁠Article 204. The Provisional Federal Government shall draw up the first electoral law for Parliament, provided it is not contrary to the provisions laid down in this Constitution. The law shall be submitted to the National Assembly for approval and promulgation. The said law must be promulgated within a period not exceeding thirty days from the date of the promulgation of this Constitution.

⁠Article 205. The first elections to the House of Representatives must take place within a period not exceeding three and a half months from the date upon which the electoral law is promulgated.

⁠Article 206. In the first elections to the House of Representatives and until a census of the Libyan people has been made, the Province of Cyrenaica shall have fifteen Deputies; the Province of Tripolitania thirty-five Deputies and the Province of the Fezzan five Deputies.

⁠Article 207. Notwithstanding the provisrons of articles 95 and 98 of this Constitution, the King shall appoint all members of the first Senate. Its term of office shall be four years as from the date of the first session of Parliament.

⁠Article 208. Articles 95 and 98 shall become operative as from the date of the expiration of the term of office of the first Senate. The members of the Senate who will retire at the end of the first four years in accordance with the provisions of articles 95 and 98 shall be selected by lot.

⁠Article 209. Notwithstanding the provisions contained in article 47 of this Constitution, the first King of the united Kingdom of Libya shall exercise his constitutional powers upon the declaration of independence, provided that he shall take the prescribed oath before Parliament at its first session in a joint meeting.

⁠Article 210. Unless they are inconsistent with the principles of liberty and equality guaranteed by this Constitution, all laws, subsidiary legislation, orders and notices which may be in operation in any part of Libya upon the coming into force of this Constitution shall continue to be effective and in operation until repealed or amended or replaced by other legislation enacted in accordance with the provisions of this Constitution.

⁠Article 211. The first Parliament shall be convened within a period of not more than twenty days from the date on which the final results of the elections are announced.

⁠Article 212. Article 36, paragraph (27) and article 174 of this Constitution shall not come into operation before 1 April 1952.

⁠Article 213. The National Assembly shall continue in existence until the declaration of independence.

The Libyan National Assembly prepared and resolved this Constitution in its meeting held in the city of Benghazi on Sunday, 6 Muharram, Hagera 1371, corresponding to 7 October 1951, and delegated its President and He two Vice-Presidents to promulgate it and submit it to His Majesty, the Exalted King, and publish it in the Official Gazette in Libya.

In fulfilment of the decision of the National Assembly, we hereby promulgate this Constitution in Benghazi on Sunday, 6 Muharram, Hagera 1371, corresponding to 7 October 1951.

President of the National Assembly MOHAMED ABULAHDAD AL ALEM

Vice-President of the National Assembly OMER FAYEK SCHENNEIB

Vice-President of the National Assembly ABUBAKERBEN AHMED ABUBAKER