Issues of the Dual Judicial System and Methods of Their Resolution

Abstract

Research Summary

The research examined the study of the problems arising from the adoption of the dual judicial system and the ways to resolve it, the most important of which are conflict of jurisdiction and contradiction of rulings, as these two problems are among the most important arguments or pillars of the juristic trend in favor of a unified judicial system and opposing the dual judiciary system.

Despite the relevance of the jurisprudence of opposing the dual judicial system to the two problems of conflict of competence and contradiction, however, in light of the importance of adopting a judiciary that meets the nature of administrative disputes inevitably related to the activity of public utilities, which should proceed regularly, the dual judiciary systems have succeeded and succeeded, headed by France - In overcoming the difficulties caused by these two problems, by finding a judicial body competent to adjudicate the conflict of jurisdiction, and contradicting the provisions, which led to addressing these problems.

In front of the Libyan legal system, the unified judicial system has been adopted, and despite the adoption of the system of administrative departments, however, these departments arose - and are still - from within the regular courts of justice, and therefore the conflict of jurisdiction between these departments and the regular courts of justice is a conflict in the specific jurisdiction between the courts that follow One judicial authority.