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Chapter Five- Constitutional Court

Article 135: Independence of the Constitutional Court

A Constitutional Court shall be established to enjoy legal personality as well as administrative and financial independence. It shall submit its draft budget to the legislative authority and its opinion shall be sought on draft laws that relate to it. Its members shall enjoy safeguards and advantages prescribed for members of the judiciary. Its headquarters shall be in Sabha and it may hold its hearings and practice its competences elsewhere in the country.

Article 136: Composition of the Court

The Constitutional Court shall comprise twelve members, including a president and a deputy. The Higher Judicial Council shall select six judges at the level of president at the Court of Appeals, the President of the Republic shall select three members, and the legislative authority shall select three members. Those selected by the President and legislative authority shall be experienced attorneys, who hold as a minimum an advanced degree in the areas of law, political science, and Islamic Sharia, and who are not members of the judicial authority. Their practical experience in their area of expertise shall be no less than twenty years. The President and deputy of the Court shall be among the members selected by the Higher Judiciary Council through its General Assembly.

Vacant memberships shall be filled by the same selection authority and in accordance with the same criteria. They shall all be designated by a decree issued by the President of the Republic.

Article 137: Oath of the Constitutional Court members

The Constitutional Court member shall take his oath before the Shura Council prior to assuming his duties according to the following formulation: In the name of the Almighty God, I swear that I will be faithful to God and the homeland, I will respect the Constitution and the law, and I will perform my duties with honesty and sincerity.

Article 138: Terms of Membership

It is required that members of the Court be Libyans, who hold no other nationality, not married to a foreigner no less than forty five years of age and not affiliated with any political party. It shall not be permissible to exercise any other function or work during their membership in the Court. Membership shall last eight years for one term, and half of them shall be renewed every four years according to the principle of rotation. Workflow procedures, rights and duties of the members of the court and other functional affairs shall be regulated by law.

Article 139: Competences of the Court

The Constitutional Court shall have the exclusive jurisdiction over the following:

1- Judicial oversight of the constitutionality of laws and regulations of the House of Representatives and the Senate.

2- Consideration of the constitutionality of constitutional amendments procedures.

3- Litigation relating to failure of the legislative authority to fulfill its constitutional obligations.

4- Challenges against the presidential elections.

5- Decision on disputes arising from the implementation of its sentences.

6- Review of international treaties and conventions referred thereto by the Senate prior to ratification.

7- Review of electoral and referenda laws before their issuance.

8- Review of laws ruled unconstitutional before their issuance.

9- Any other area of jurisdiction prescribed by the Constitution.

Article 140: Sentences and Decisions of the Court

The Court shall render justified rulings and decisions by majority. The Court may reverse the principles it established as specified by law.

Article 141: Appeal before the Court

Any individual with an interest may resort to the Constitutional Court to challenge, whether directly or via serious motion, the unconstitutionality of case that is being considered before the courts, as regulated by the law.

Article 142: Authority of Sentences and Decisions of the Court

The rulings and decisions of the Constitutional Court shall be final and binding for all, and shall be published in the Official Gazette. Any text ruled as unconstitutional by the Court shall lose its binding force on the day following the publication of the ruling. The Court may, on exigent basis, determine the effective date of the ruling of unconstitutionality.

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Libya Constitution Chapter Five - The Libya Observer

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Posted by Charean Williams on August 5, 2017, 8:02 PM EDT

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Kenny Easley waited 25 years to earn induction into the Pro Football Hall of Fame, so he was going to make the most of his allotted time behind the microphone.

Easley didnt mention Colin Kaepernick by name, but the former Seahawks safety used a minute of his 21 minutes and 50 seconds to take a similar social stance as the former 49ers quarterback.

Please allow me this opportunity and this moment for a very serious message for which I feel very strongly about, said Easley, who went into the Hall as a seniors nominee. Black lives do matter, and all lives matter, too. But the carnage affecting young black men today from random violence to police shootings across this nation has to stop. Weve got to stand up as a country, as black Americans and fight the good fight to protect our youth and our American constitutional right not to die while driving or walking the streets black in America. It has to stop, and we can do it, and the lessons we learn in sports can help.

Easley, 59, long faced comparisons to Ronnie Lott, who entered the Hall in the Class of 2000. Easley continued the debate on stage.

Im going to settle it now publicly and for good, Easley said. In the last 30 years, there has no better thumper, ball-hawking, fiercely competitive or smarter defensive back in the NFL than Ronnie Lott. He was the best. There, its settled and because I said so.

Easley also thanked Seahawks owner Paul Allen, who ended the franchises 15-year estrangement with Easleys Ring of Honor induction.

I believe in the old adage: Water runs downhill, Easley said, and thus winning starts at the top, and you have run a great organization with a terrific head coach in Pete Carroll. How about the Seahawks back to the Super Bowl in 2018?

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Kenny Easley: Black lives matter, and all lives matter, too ...

Democrats planning to run for office in California should have to pass an intelligence litmus test according to the state governor.

Jerry Brown said in a Sunday interview with NBCs Meet the Press that intelligence rather than the abortion question should be the main test for those in the West Coast state.

Well, the litmus test should be intelligence, caring about, as Harry Truman or Roosevelt used to call it, the common man, Brown told host Chuck Todd.

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We're not going to get everybody on board. And I'm sorry, but running in San Francisco is not like running in Tulare County or Modoc, California, much less Mobile, Alabama, he added.

In recent years, California has tended to elect Democrat lawmakers.The state has notvotedin Republican candidates since 1988although prior to that point the GOP enjoyed widespread support there.

Indeed, such is its perceived difference from the rest of the United States, many in California are pushing for Calexit, with polls from the beginning of the year showing more than a third of Californians would support secession from the country.

Clarifying that he remained committed to abortion rights, Brown told The Hill: We will have to win in very tough, diverse, swing Republican-held districts across the country. Ultimately, the people in districts across the country will determine who will take on the Republican incumbent.

I'd say, look, even on the abortion issue, it wasn't very long ago that a number of Catholic Democrats were opposed to abortion, he said in the Sunday interview.

So the fact that somebody believes today what most people believed 50 years ago should not be the basis for their exclusion, Brown added, explaining Democrats would need to move beyond the more particular issues to the generic if they wanted to run the country.

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'It's Not Alabama:' Democrat Lawmaker Suggests You Need More Intelligence to Be Elected in California - Newsweek

NASHVILLE, Tenn. (AP) Democrat Craig Fitzhugh is joining the race for Tennessee governor.

The banker and attorney from Ripleytells The Tennesseanthat he will draw on his 23 years of experience as a state lawmaker, most recently as House minority leader and previously as chairman of the powerful House Finance Committee.

"There's some things that I think we can do better," Fitzhugh said. "That's why I'm in it."

Fitzhugh joins former Nashville Mayor Karl Dean in the race for the Democratic nomination. While Dean has already raised $1.2 million and has his own personal wealth to draw on, Fitzhugh has a closer relationship with labor and teachers unions.

Craig Fitzhugh (File/AP via the Tennessean)

Craig Fitzhugh (File/AP via the Tennessean)

Photo by File/AP via the Tennessean

Fitzhugh is also the only gubernatorial candidate from either party from West Tennessee.

"The problems and the situations that people in North Nashville and south Memphis find themselves in are not much different than those in Ripley, or Columbia or Etowah or other communities," Fitzhugh said. "There are things that we can do to give people an opportunity to better their lives."

Fitzhugh, 67, is CEO and chairman of the Bank of Ripley. He was a captain in the U.S. Air Force from 1976 to 1980 and served in the reserves until 1988. He and his wife, Pam, have two children and four grandchildren.

Fitzhugh's campaign treasurer is John Morgan, the former state comptroller and chancellor of the Tennessee Board of Regents.

Former Gov. Phil Bredesen was the last Democrat to win a statewide Tennessee race in 2002.

"I think there's a dissatisfaction among Democrats because Democrats aren't as bold as they used to be," Fitzhugh said. "Sometimes they don't want to admit they are Democrats, and I think sometimes we've had the issues wrong."

Republican Gov. Bill Haslam can't run again next year because of term limits. Declared GOP candidates so far include state Sen. Mae Beavers of Mt. Juliet, U.S. Rep. Diane Black of Gallatin, businessman Randy Boyd of Knoxville, state House Speaker Beth Harwell of Nashville and businessman Bill Lee of Franklin.

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Democrat Craig Fitzhugh joins race for Tennessee governor - Chattanooga Times Free Press

WASHINGTON Do you believe in mermaids, unicorns and fairies?

If so, you may have taken interest in a new mythical creature that appeared during the 2016 election: the Trump Democrat.

It has become an article of faith that an unusually large number of people who voted for Barack Obama in 2008 or 2012 switched sides and voted for Donald Trump over Hillary Clinton. It follows that Democrats, to win in the future, need to get these lost partisans to come home.

But new data, and an analysis by AFL-CIO political director Michael Podhorzer that he shared with me, puts all this into question. The number of Obama-to-Trump voters turns out to be smaller than thought. And those Obama voters who did switch to Trump were largely Republican voters to start with. The aberration wasnt their votes for Trump but their votes for Obama.

It follows for Democrats that most of these Obama-Trump voters arent going to be persuaded to vote Democratic in the future; the party would do better to go after disaffected Democrats who didnt vote in 2016 or who voted for third parties.

In the aftermath of Trumps surprise win, the commentary quickly focused on the Obama-Trump voter. Nate Cohn of the New York Times said, Democrats have to grapple with the importance of the Obama-Trump voter. NBCs Chuck Todd said one of the big surprises of this election was the emergence of the Obama-Trump voter. Priorities USA, the super-PAC that backed Clinton, concluded that Democrats must win back Obama-Trump voters.

House Speaker Paul Ryan (R-Wis.) asserted that Trump is expanding the Republican tent. We used to call them Reagan Democrats. Now theyre Trump Democrats. Donald Trump Jr. embraced the Trump Democrats claim at a rally. And many Democrats have bought into this thinking. Not long ago, according to McClatchy News, the Democratic political firm Global Strategy Group concluded that Obama-Trump voters effectively accounted for more than two-thirds of the reason Clinton lost.

There was some justification for thinking this. Data from the American National Election Study (ANES) survey found that about 13.4 percent of Trump voters had backed Obama in 2012. A University of Virginia poll found that 20 percent of Trump voters had supported Obama at least once.

But such polls have a flaw: People tend to forget how they voted in previous elections, with more recalling they voted for the winner than actually did. A poll released in June by the Democracy Fund Voter Study Group, a nonpartisan collaboration of analysts and scholars, avoided this problem because it re-interviewed the same respondents queried in 2012; they were asked who they voted for in real time.

Democracy Fund found a fairly ordinary crossover vote in 2016: 9.2 percent of Obama voters supported Trump and 5.4 percent of Mitt Romney voters supported Clinton. That was a typical and unsurprising degree of partisan loyalty. The 2016 election did not create more instability, in the aggregate, than others, it reported.

And those Obama voters who did cross to Trump look a lot like Republicans. The AFL-CIOs Podhorzer analyzed raw data from the Cooperative Congressional Election Study, out in the spring, and found that Obama-Trump voters voted for Republican congressional candidates by a 31-point margin, Republican Senate candidates by a 15-point margin and Republican gubernatorial candidates by a 27-point margin. Their views on immigration and Obamacare also put them solidly in the GOP camp.

Democratic analysts who are looking to solve the partys problem by appealing to this small group of Obama-Trump voters are pointing themselves to a group that by and large is a Republican group now, Podhorzer told me. The bulk of Obama-Trump voters are not fed-up Democratic voters; they are Republican voters who chose Obama in 2012. As such, few are available in 2018 or 2020. Democrats should instead appeal broadly to working-class voters, he said.

In 2008, a larger-than-usual number of Republican voters went with Obama during an extraordinary time, when the economy was in free fall and an incumbent Republican president was deeply unpopular. ANES polling found that 17 percent of Obama voters in 2008 had been for George W. Bush in 2004, compared to the 13 percent of Trump voters, the same survey found, who supported Obama at least once. These people arent Obama-Trump voters as much as they were Bush-Obama voters.

This is important, because it means Democrats dont have to contort themselves to appeal to the mythical Trump Democrats by toughening their position on immigration, or weakening their support for universal health care, or embracing small government and low taxes. What Democrats have to do is be Democrats.

Milbank is a Washington Post columnist.

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Commentary: There's no such thing as a Trump Democrat - MyStatesman.com