Support to Constitution Drafting Processes in Libya
The American Bar Association, Rule of Law Initiative (ABA ROLI) invited the PFD for the implementation of its project titled “Support to Constitution Drafting Processes in Libya”. The program is about to promote constitutional lawyer stakeholder participation in the development of Libya’s Constitution through informed dialogue about comparative governance models.
The workshop was addressing the following specific issues:
What makes a constitution a Constitution?
- role of constitution in the society
- difference between constitution and other laws
- Procedures in adopting a constitution - why important?
- Checks and balances → why important?
- Principles and purposes reflected in Preamble
Constitutional Systems of Government
Different constitutional models → why important? → relevance?
- Presidential system vs. parliamentary system
- Election systems
- The global democracy paradox
- Lessons learned from Egypt and the experience of other countries
Economic Factors Underlying Constitutional Development
- Revenue and Resource Sharing
- Basics of democracy - collect and redistribute public money
- Relevance in constitution
- Major principles (transparency)
Constitutional Basis of Judicial Systems
- USA system
- European systems
- Transitional justice (Revolution and rule of law)
- Constitutional dispute resolution
Constitutional Structure of Government
- Presentation on Constitutional models for centralized and decentralized government and relationships to participatory government principles, service delivery and fair and equitable distribution of financial and economic resources by government.
- Discussion on key public services expected of governments and constitutional systems to facilitate effective service delivery.
- Discussion about the advantages, limitations and appropriateness of types of constitution governance structures (centralized or decentralized).
Creative Exercise – Local leaders: Elected vs. appointed
- Small Group Exercise - one group invited to argue in favor of elected local leaders, other group in favor of elections
- Participants outlined a vision about their role in conducting discussions with the wider public about the different constitutional systems and approaches.
Facilitators of the workshop were Matyas Eorsi, Secretary General of PFD and David Fontana, associate professor at GW University.
The PFD would like to express its thanks to Mr. Kevin George, Country Director, Libya for ABA ROLI for the excellent work in organizing the event and for his hospitality he offered to us in Libya.