In particular, Articles 44 and 45 of the 1951 Constitution specify that the throne of the Kingdom of Libya is transmitted through male preference primogeniture, in line with the Libyan tradition codified by two Royal Orders promulgated on 22nd of Safar 1374 H. and the 25th of Rabi’e el-Thani 1376 H.[3] However, the charter also contain several provisions which entrenched the rights of its citizens to enjoy certain rights common to European and North American nation states, indicating the influence of the key western players in the region.
[3] Moreover, several profiles of the institutional apparatus established by the Constitution of Libya – particularly articles regulating the autonomy of the members of the Parliament in their legislative function (Art.
[3] The document sets out a parliamentary system based on universal adult suffrage and a Constitutional monarchy in which the King promulgates but cannot veto the Parliament’s acts.
Nonetheless, the system of checks and balances among the branches of the Libyan government that the charter enshrines appears to be relatively weak, especially in light of the limited independence of the judiciary.
Significantly, a paper produced in 2012 by Berlin-based independent NGO Democracy Reporting International emphasized that especially the constitutional provisions regarding the protection of human rights, transparency, and safeguards against antidemocratic power accumulations continue to make the charter an attractive document and an important reference point towards a solution to Libya’s political crisis.
Grassroots campaigns promoted by groups devoted to the “Return of the Constitutional Legitimacy” developed in major cities across Libya – from Tripoli, to Zliten, to Benghazi, to Misrata – and gathered significant traction and following on social media.
[10][11] Also in 2015 Cyrenaican party supporting federalist solutions, the National Federal Bloc, petitioned the Parliament to adopt the Constitution of Libya as a valid and legitimate charter for the entire country.
[12] Growing support for the call for the reinstatement of the Constitution of Libya was also recorded by the international press, especially The National Interest in July 2014 and New York Times in February 2016.
[13][14] In June 2015, British Member of the Parliament Daniel Kawczynski publicly advocated for the return of the Constitution of Libya in response to the increasing support to the cause.
[15][16] Notably, in April 2014 leading pan-Arab newspaper Al-Hayat published an interview with Mohamed Abdelaziz, who was then serving as Libya’s Minister of Foreign Affairs, claiming that the reinstatement of the Constitutional Monarchy as regulated by the 1951 Constitution would serve as a "uniting symbol for the nation" as well as "a political umbrella" towards the institution of a regime with a two-council parliament and a technocratic government directed by a prime minister.
On October 31, 2017, nearly a thousand supporters gathered for the National Conference for the Activation of the Constitution of Independence in Gharyan, one of the largest towns in the Western Mountains.
"[19] The conference was broadcast live on Libyan television, and attendees traveled from many various parts of the region, including Tripoli, Zliten, Benghazi, and Misrata, where grassroots movements advocating for “Return of the Constitutional Legitimacy” have gained momentum.