Constitution-Making in Libya after the Fall of Gaddafi: The Role of National and Transnational Actors

AutoreSara Zanotta
CaricaPhD student in History at the University of Pavia, research fellow at theSquare-Mediterranean Centre for Revolutionary Studies and teaching assistant for the course of History and Institutions of Islamic Countries at the University of Milan
Pagine25-48
ISSN: 2612-6672
3 • 2 • 2021
S. Zanotta
Constitution-Making in Libya after the Fall
of Gaddafi: The Role of National and
Transnational Actors
https://riviste.unimi.it/index.php/NAD/index
Constitution-making in Libya after the fall of Gaddafi:
the role of national bodies and transnational actors
Sara Zanotta
Abstract
Ten years after the fall of Gaddafi’s regime, Libya still has not adopted a permanent
constitution. Over the last decade, both national bodies and transnational actors have
taken part in constitution-making; however, all efforts have been unsuccessful so far.
While the scholarship on post-2011 Libya has mainly focused on the impact of local
events and national actors on this process, this essay outlines the recent history of Libya’s
constitution-making by stressing the intermingling of the activities of local bodies and
transnational actors. By using the theorical lens of transnational legal orders (TLOs), it
claims that two TLOs the Western liberal democratic TLO and the Islamic one - will
coexist if the 2017 draft constitution is adopted. Nevertheless, both TLOs would be
necessary to reinforce the legitimacy of the constitution before, on the one hand,
international organisations and Western countries and the Libyan population, on the
other.
Keywords: Libya Arab Uprisings Constitution-making 2017 Draft Constitution
Transnational actors.
CONTENTS: 1. Introduction. 2. Libyan constitutional history before the Arab
Uprisings. 3. The establishment of the National Transitional Council and the
adoption of the 2011 Interim Constitutional Declaration. 4. From a national to a
transnational constitution-making: towards the Libyan Political Agreement. 5.
Local tentative efforts: the Constitutional Drafting Assembly’s draft constitutions
of 2015, 2016 and 2017. 6. From 2017 to present: a new phase of transnational
constitution-making. 7. Conclusion.
PhD student in History at the University of Pavia, research fellow at theSquare-Mediterranean
Centre for Revolutionary Studies and teaching assistant for the course of Hi story and Institutions
of Islamic Countries at the University of Milan. The essa y was submitted to d ouble blind peer
review.

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