Legislative Deviation in the Transitional Phase: An Applied Study on the Libyan General National Congress

An Applied Study on the Libyan General National Congress

Abstract

Research Summary

There is no doubt that the main purpose behind the enactment of laws is to achieve the public interest. However, while the legislator exercises his discretionary authority, he may deviate from achieving this goal to other goals, and at that time the defect of legislative deviation will appear, which is one of the most serious defects that may affect legislation. Resorting to it except in the absence of a legal basis for other constitutional flaws. Moreover, its criteria still raises a great jurisprudential controversy, while some jurists adopted the objective standard, others adopted the subjective standard to prove it, and between this and that there appeared those who advocated the need to combine them to say that there is a case of legislative deviation. The research sought to drop the theory of legislative deviation on some of the legislations issued by the General National Congress, whether related to the organization of political life such as the political and administrative isolation law, or those related to the approval of financial legislation such as emergency budgets, advances, financial benefits for its members and some groups calculated on the revolution. The research concluded that it is necessary to impose a constitutional control over aspects of the legislative deviation in the transitional phase the country is going through, in order to prevent the legislator from pursuing goals that are contrary to the public interest.