The State of Emergency and its Impact on Public Rights and Freedoms: Libya as a Case Study

Abstract

This study examines the State of Emergency and its Impact on Public Rights and Freedoms: Libya as a Case Study. It analyzes the constitutional and legal framework governing the declaration of a state of emergency and evaluates its implications for the protection and exercise of fundamental rights and freedoms. The study seeks to identify the legal limits of the exceptional powers granted to the executive authority during emergency situations and to assess their compatibility with the principles of the rule of law and the international standards of human rights protection.

The research adopts a descriptive and analytical approach by examining the relevant Libyan constitutional and legislative provisions, international human rights instruments, comparative legal jurisprudence, and selected judicial precedents. It also considers the practical application of emergency measures in Libya in light of the country's political and security challenges.

The study concludes that, although a state of emergency may be justified under exceptional circumstances threatening national security or public order, its application must remain subject to constitutional and legal safeguards that prevent abuse of power and protect fundamental rights. The findings further indicate that the absence of a comprehensive legal framework regulating emergency powers in Libya, coupled with limited judicial and legislative oversight in certain periods, has contributed to broader restrictions on public rights and freedoms.