The Scope of the Judge's Authority in Managing Civil Litigation: A Comparative Analytical Study of Libyan Legislation

Abstract

This research explores the scope of the judge's authority in managing civil litigation as a vital procedural mechanism for protecting rights. It addresses the central problem of balancing positive judicial intervention with the principles of neutrality and contradiction. Using analytical, descriptive, and comparative methodologies, the study traces the evolution from the traditional passive role in the accusatorial system to the modern active role adopted by French, Egyptian, and Libyan legislation. The research highlights the legal foundations of this authority in the Libyan Constitutional Declaration and the Code of Civil and Commercial Procedure. It further examines manifestations of this power, such as characterizing claims, raising public policy issues, and overseeing evidence and experts. Finally, the study identifies critical constraints, including judicial neutrality and the right to defense, concluding that effective management requires a precise balance between procedural efficiency and the protection of litigants' guarantees.