Barqah
Cyrenaica
Home - الصفحة الرئيسيّةConstitutional Draft - مسودة الدستور  
69th Celebration - الاحتفالية ال 69     

Photographer Mustafa Eckraem
Financial Flowchart 
Government Responsibilities 
Grounded in the 1951 Constitution and upgraded 
House of Representative Responsibilities

- Two years there is no President the Head of House of Representatives stands in his stead until there is a Presidential Election  
Head of HoR is Supreme Commander (Commander-in-Chief)
- HoR prepares the general budget and balance sheet 
- HoR declares vacancy of Prime Minister position
- House of Representatives will present a Draft Law on the terms of reference and work system of the National Defense and Security Council 
- HoR is the last step in approval of a draft law, or a draft amendment of a law
- HoR will create an Emergency Strategic Account to face crises
- HoR will also create a Budget Support Account, for when the financial resources of the State diminish 
- HoR responsible for reports on Surplus Allocations and any necessary measures to be taken 
- HoR head becomes Speaker of the Parliament when the Senate Speaker is unavailable 

- HoR initiates the following: 
1. Support to national unity.
2. Protection of the core foundations of society.
3. Economic and social development projects according to the Government’s program and priorities.
4. Combating terrorism, extremism, violence and exclusion.
5. Support to national reconciliation efforts and social peace through current mechanisms.
6. Voluntary and safe return of refugees and displaced persons.
7. Role of media in supporting peace efforts and rejection of the culture of violence and hatred.
8. Support and assist fact-finding commissions and anti-corruption institutions towards the conduct of their duties.
9. Adopting the general budget 

- HoR receives referrals from the Senate in these areas
1. Financial system of the state and the public budget;
2. Local administration (local government);
3. Nationality and immigration;
4. Political asylum;
5. Referendum and elections;
6. Political parties;
7. Emergencies;
8. Political rights and public freedoms;
9. Exploiting natural resources;
10. Organizing the judiciary;
11. Army and the police.

- HoR creates specialized committees in these areas
The House of Representative shall create a specialized committee of financial and economic experts charged with the following responsibilities:
1. Drawing the State’s financial policies;
2. Following up on the financial system and organizing financial relations;
3. Identifying the State’s financial needs within specific periods of time in order to be approved;
4. Suggesting appropriate standards to achieve financial stability.


Senate Responsibilities

- Creates Committee for Rights and Liberties 
- Oversees endowments (Zakat, charity and Awqaf, religious endowments) 
- President of the Senate shall preside whenever the two Chambers meet together in Parliament. 
- Accepts resignation of President should it occur and presides over absences of the President 

- Senate initiates the following:
1. Reviews draft laws and draft amendments of the laws referred to it by the House of Representatives to be approved or amended without prejudice to provisions of this Constitution, and refers them to the House of Representative for their passage approval or for amendments.
2. Support to national unity.
3. Protection of the core foundations of society.
4. Economic and social development projects according to the Government’s program and priorities.
5. Combating terrorism, extremism, violence and exclusion.
6. Support to national reconciliation efforts and social peace through current mechanisms.
7. Voluntary and safe return of refugees and displaced persons.
8. Role of media in supporting peace efforts and rejection of the culture of violence and hatred.
9. Support and assist fact-finding commissions and anti-corruption institutions towards the conduct of their duties.
10. Manage national affairs in the interest of the country, according to laws, bylaws, regulations and decisions in force.
11. Issue decisions regarding the structure and management of the executive bodies and institutions affiliated with the Government as necessary and appropriate, and upon consultation with the relevant authorities.
12. Ratifying regional and international agreements and and treaties.
13. Approving proposed constitutional amendments.


- Senate refers to HoR in these areas: 
1. Financial system of the state and the public budget;
2. Local administration (local government);
3. Nationality and immigration;
4. Political asylum;
5. Referendum and elections;
6. Political parties;
7. Emergencies;
8. Political rights and public freedoms;
9. Exploiting natural resources;
10. Organizing the judiciary;
11. Army and the police.


Shared Responsibilities of both Senate and House of Representatives 


- Declaration of State of Emergency 
- Determination of High Treason
- Any draft extraordinary budget 
- Challenge procedures on Parliament members
- HoR shares responsibility for any borrowing done by the Government 
- HoR shares responsibility for Joint Committee on Reconstruction 
- HoR shares responsibility for operation and selection of board members for these institutions
1. Governor of the State Central Bank
2. Head of the State Investment Authority
3. Governor and Board of the State corporation for oil and minerals
4. Head of the State Audit Bureau
5. Head of the Administrative Oversight Authority
6. Head of the Anti-corruption Authority
7. Head of the State Electoral Commission
8. Head of the State Post Telecommunications and Information Technology Company


Judiciary Flowchart 
Each version, English or Arabic, has a heading at the top of each page showing articles for that page. Example is Page 5 Local Government and Bill of Rights. 
كل نسخة، عربية أو انجليزية، لها عناوين في أعلى كل صفحة توضح المقالات المتعلقة بها. على سبيل المثال، صفحة 5 الحكومة المحلية و لائحة الحقوق

At the bottom of each page, there is a sentence stating to CLICK HERE for the next page 
في أسفل كل صفحة، هناك جملة تقول أنقر هنا للذهاب الى الصفحة التالية.

Here are also Links to the Pages in English
Page 1 General and Basic Rights
Page 2 General Powers, President, Ministers
Page 3 Parliament, Senate, House
Page 4 Judiciary and Institutions
Page 5 Local Government and Bill of Rights 

هذا الرابط للصفحات باللغة العربية
الصفحة الأولى الحقوق الأساسية و العامة
الصفحة الثانية السلطات العامة, الرئيس, الوزراء
الصفحة الثالثة البرلمان و مجلس الشيوخ
الصفحة الرابعة القضاء و الموؤسسات القضائية
الصفحة الخامسة الحكومة المحلية و وثيقة حقوق الانسان



Comments, concerns regarding any section, or article of the Constitution should be given via email to the Barqah group.

​تعليقات، ملاحظات على اَي قسم او مقالة في الدستور يمكنكم التواصل مع مجموعة برقة عن طريق البريد الالكتروني.

email contact 
البريد الإلكتروني

Officers of the Court
The Public Prosecutor (Office is under Constitutional Court)
General prosecutors 
Lawyers
Public Defenders 
Experts
Functionaries 

                                                                         
Court of First Instance (at least 2 in each region)
Civil, Criminal, Commercial 
Judges elected by populace and as determined by law 
term of four (4) years restricted to one (1) term unless otherwise stipulated by this Constitution or by law.
Term terminates when he or she reaches seventy (70) years of age

Felony:
Court of First Instance with 3 judges, Grade A level
Misdemeanor:
Court of First Instance with 1 judge

Cases can be appealed to next court

Courts of Appeal (at least 2 in each region)
Composed of 5 judges 
Names of judges for each region drawn from hat by Head of House of Representatives 


Appellate Court of Appeal: Cassation Courts
Cases can be appealed to highest court, Constitutional Court 

Military court 

Restricted to military crimes committed by members of the Armed Forces and the security forces 
Civilians will not be tried before military courts except for crimes as dictated above 
Actions showing direct aggression on military installations or installations of a similar nature

Constitutional Court 
11 members serving staggered 6 year terms 

Required academic law degree, be licensed should that apply at the time of nomination, and be at the highest level of academic education with at least ten (10) years of practical experience in their fields, or lawyers accepted before the Constitutional Court for eight (8) uninterrupted years. Not members of any other judicial body. A Master's degree in Shari'a law cannot be substituted for an academic law degree though may be held in addition to an academic law degree.  
Final appellate Court which rules on both facts and legal principles
Its rulings are final and binding to all. The law regulates its other competences.
Rules on constitutionality of legislation, interpretation of constitutional texts and reviewing international agreements to which the State is party, conflicts related to its members’ affairs, implementing the rulings and decisions it passes; conflicts between the authorities with reference to the powers given to them in the constitution, reviewing legislation on which a ruling of unconstitutionality has been made before re-introducing for passage and administrative and financial autonomy and regulate other competences as determined by law

Drafts its own budget and discusses its full components with the Legislative Authority and afterwards stipulates as a single figure.
Establishment of courts and prosecution offices  
Oversight of rules pertaining to operation of courts and prosecution offices as shall be determined by this Constitution and Legislative Authority

Family Court 
Exclusive jurisdiction involving domestic relations, custody, child support, guardianship, mental health commitments, mental and/or physical incompetence, name changes, land use permits, validation of paternity and marriage, dissolution of marriage, correction of records, traditional adoption, declaration of death, probate and all matters arising from these 

Islamic Quran and Hadath will prevail, not using per se Shari’a Law, and through which harmony is achieved