Constitutional and Legislative Protection of the Principle of Sustainable Development in Libya: A Critical Approach to the Reality and the Aspiration

Abstract

This article examines the legal framework governing sustainable development in Libya, moving beyond descriptive narrative to a critical analysis of the gap between constitutional texts and administrative practice. The study argues that resource protection is not merely a legislative obligation but an intergenerational trust requiring a vigilant administrative judiciary. It draws inspiration from comparative legal models and advocates for the integration of digital technologies as a tool to enhance institutional transparency and accountability. The research concludes by identifying the fundamental mismatch between constitutional aspirations in recent drafts and the legislative reality, which lacks stringent enforcement mechanisms. It emphasizes that sustainable development in Libya is a national trajectory requiring harmony between legislative will, judicial oversight, and regulatory rigor. The paper proposes several recommendations, including the explicit constitutionalization of intergenerational equity, the establishment of specialized environmental and developmental judicial chambers, the adoption of environmental impact assessments by regulatory bodies, and the implementation of digital transparency systems to track public projects and combat administrative corruption.