2017 draft Libyan constitution

Article 113 empowers the president to choose the prime minister arbitrarily without being constrained by members of parliament or the political party with a parliamentary majority.

[1] Zaid al-Ali interpreted Chapters 8 and 9 of the draft constitution to lead to concentration of wealth in the hands of the president, including the control of natural resources.

He expressed concern that parliament's approval is not required before a presidential declaration of a state of emergency comes into effect (as in the Iraqi constitution, as of 2017[update]).

[1] Al-Ali judged the judiciary (in Articles including 118, 120, 125, 135 and 136) to be defined with a fair degree of independence from the president, but with a flaw in ambiguity regarding the membership and decision-making methods of the high judicial council.

[1] Al-Ali viewed the human rights elements of the draft constitution to lack details of how they would be enforced in courts in practice.