Judicial Oversight of the Electoral Process in Libya: An Analytical Comparative Study

Abstract

Objectives: This study aims to examine judicial oversight of elections in Libya as a fundamental legal safeguard for protecting the will of the people and ensuring the integrity, transparency, and credibility of the electoral process. It seeks to analyze the legal framework governing judicial oversight since 2011, identify its main shortcomings, and assess the Libyan experience in light of selected comparative models.

Methods: The research adopts a comparative analytical approach by examining relevant Libyan constitutional and legislative texts and comparing them with judicial and electoral practices in selected Arab and foreign countries. In addition, a descriptive-analytical method is used to trace the historical and legislative development of judicial oversight of elections in Libya, supported by a critical inductive approach to derive conclusions and formulate recommendations.

Results: The study finds that judicial oversight represents a core guarantee for electoral integrity and the protection of voters’ and candidates’ rights. However, the Libyan experience suffers from several challenges, including ambiguity in judicial jurisdiction, multiplicity of competent authorities, weak enforcement of judicial rulings, and limited effectiveness of oversight mechanisms.

Conclusion: The research concludes that strengthening judicial independence, developing a clear and unified electoral legislative framework, and establishing specialized judicial bodies for electoral disputes are essential steps to enhance electoral integrity in Libya, while benefiting from international experiences in a manner consistent with the Libyan context.