Constitution-making in post-Gaddafi Libya: justice vs security?


“Libya has lost a golden opportunity. […] I don’t see how we can move forward with the constitution under the current conflict.”

For War and Peace Talk, former Libyan Minister of Justice Salah al-Marghani elaborates on the causes of the current stalemate in the Constitutional Committee’s work. Disagreement persists concerning Libya’s future governance system (parliamentary republic v. constitutional monarchy) and the lack of consulting the public via referenda.

Highlighting the priority of security and stability, al-Marghani argues that “if the judges are safe, the judiciary will be able to re-function.”

The interview was recorded in Leiden on September 9, 2015. Mr Salah al-Marghani was in the Netherlands to partake in a panel-discussion titled: “Libya: Making a Constitution in Turbulent Times. Expectations, Challenges and Alternatives“. This event was organized by the Van Vollenhoven Institute of Leiden University’s Faculty of Law and the Leiden University Centre for the Study of Islam and Society (LUCIS).