The Tunisian Constitution: The Birth and Evolution of an Idea

Volume 1|Issue 3| |Articles

Abstract

This study examines the circumstances in which the idea of a constitution arose and developed in Tunisia. The author here examines the factors behind its evolution and the intellectual, political and legal currents which influenced it. Tunisia’s constitutional history begins with the Tunisian elite’s concern for reform and the codification of the country’s system of governance, starting at the twilight of Ottoman rule – once the Ottoman Empire’s influence started to wane and that of Europe began to rise. It further evolved with the demands made during Tunisia’s period under the French Protectorate, whereby the National Liberation Movement’s constitutional demands strived to establish institutions which allowed Tunisian people to rule themselves. This was followed by the post-independence era and with it the suspension of the constitution under despotic rule. Its history finally culminated in the January 2011 revolution and the explicit constitutional demands that came with the uprisings. The struggle over the foundational principles which will establish the basis of the government and provide the legal framework pertaining to rights and liberties, continues to be a defining characteristic of this ongoing period.
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Professor of Public law at the Law School, Sousse, he is a member of the Higher Commission for Human Rights in Tunisia. He specializes in law and his research interests include human rights, citizenship, protection for refugees, and issues of transitional justice.

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