From Foreign Policy -- Libya's constitution controversy explains the key issues surrounding the question of appointment vs. election of the sixty members of the constitutional convention. It also explains how the NTC has muddied the waters and the GNC must clean up the mess. Lastly, it points out the dangers of the 1951 constitutional precedent, federalism, and most crucially the implications of the rushed timeline.The process by which the constitution will be written is unclear. The National Transitional Council (NTC) -- which served as Libya's interim parliament after the ouster of Qaddafi until the July 7 election of the General National Congress (GNC) -- had proliferated a constitutional declaration to govern the transitional phase. The declaration called for the congress to appoint 60 experts to a constitutional committee, 20 from each of Libya's three historical provinces in the west, east, and south. But the NTC amended the declaration the week prior to the election, stating that the members of the constitutional committee would be elected rather than appointed. While the overall number and 20-20-20 makeup of the committee is likely to stand, the question of appointment versus election is yet unsettled. The amendment is legally dubious due to its proximity to the election, and elected members of congress can overrule decisions made by the unelected NTC. Because an election would wrest the power from members of congress who are expected to hold the power of appointment, it is likely that they will overturn the NTC decision in the coming weeks.But as it stands, the short timeline for the drafting process will put unnecessary pressure on the constitutional committee and effectively exclude important voices from civil society. Some Libyan politicians have countered critiques of the timeline by pointing to the referendum that will, in their view, satisfy demands of public participation. But a referendum limits a voter's opinion to "yes" or "no," which is no substitute to a robust debate on the issues. A more inclusive process will also increase the likelihood that the Libyan electoral will accept the final text, an essential element in establishing a constitutional order.
Libya's Constitution Controversy