Implementation of Healthcare Waste Management Standards at Al-Hadhba Al-Khadra Hospital – Tripoli: A Field Study from the Perspective of Medical and Allied Health Staff

Abstract

The second half of the twentieth century witnessed an increasing use of constitutional declarations, particularly in countries that had experienced internal conflicts. Most constitutional scholars agree on the importance of adopting a temporary constitutional document following internal conflicts and revolutions. The prevailing view among constitutional jurists is that such events may lead to the collapse of the existing constitution and the constitutional institutions established under it. Therefore, in order to prevent a political and constitutional vacuum, a temporary constitutional document becomes necessary. Such a document is intended to guide the state through the transition from the old political system to a new one, bring an end to conflict, and achieve the objectives of the new system. It also contributes to protecting the country from falling into further internal conflicts that could undermine the foundations of the state.

Despite differences among constitutional scholars regarding the legal characterization of constitutional declarations, some scholars assess them according to various constitutional criteria, particularly the substantive and formal criteria. Nevertheless, regardless of these differences concerning their legal nature, constitutional declarations possess certain characteristics that distinguish them from permanent constitutions, the most important of which are their temporary nature, conciseness, and supremacy.

In Libya’s modern history, two constitutional declarations were issued. However, the circumstances surrounding the establishment of each declaration and the objectives they sought to achieve were different. Although both temporary declarations were intended to fill the constitutional vacuum in the Libyan state, neither experience ultimately resulted in the adoption of a permanent constitution capable of bringing the transitional periods to an end.

Although the differences between the Libyan Constitutional Declaration of 1969 and the Libyan Constitutional Declaration of 2011 outweigh their similarities, particularly with regard to the circumstances in which each was issued and the authority responsible for its adoption, both possess a constitutional nature according to the formal and substantive criteria applied to constitutions. Moreover, both declarations emerged as a result of major changes in Libya’s constitutional and political circumstances.

It may also be argued that, although this type of constitution is characterized by its temporary nature, the constitutional declaration itself may specify the date on which it will cease to have effect and may even establish specific deadlines. Nevertheless, the duration of a constitutional declaration may be prolonged or shortened depending on the circumstances of each state and the factors affecting the drafting and adoption of its permanent constitution.