Overview
Constitutional document in force:
- 2011 Provisional Constitution: Arabic
- Transitional period ongoing
Current drafting process of a new Tunisian Constitution
Please find information on the constitutional transformation process in the following tabs.
Constitutional Roadmap
(a) Important dates and links to the relevant legal texts that established the road map
(b) Potentially first, second, third draft/proposal during the process (linked, if already existing)
(c) Referendum envisioned to legitimatize the new constitution by the people= yes/no, when? Plus: Link to the legal text providing for the referendum (if another than the first one, could be a decision of the body entrusted with the drafting, the president, the parliament)
Drafting Body
Wikipedia | Constituent Assembly of Tunisia
(a) Establishment DD/MM/YYYY by [Measure, legal text, election (election law), maybe other national body]
(b) Other relevant law (party law, other transitional legal texts etc)
(c) Debate minutes and other travaux préparatoires
(c) Membership of the body – maybe a graphic – often available in news articles, demographics, parties
(d) Functions of the body (does not have to exist): potentially other legislative functions, maybe also establishing the transitional government
Reactions and Comments
Related media articles (maybe also a link to the News page)
Social media activities (such as opengov.tn on collaborative drafting)
Scholarly reactions
RN work, conferences, involvement
Take part on the debate on [name of the text] in our Debate it! section (should then lead to a group that is established for this country’s drafting process)
All constitutional events (full information below):
- 08/08/2012 | Proposal | First Draft of entire new Tunisian Constitution
- 04/06/2012 | Proposal | Finalized Draft of the Preamble for the new Tunisian Constitution
- 10/12/2011 | New Constitutional Document | Law on the Interim Organisation of Public Powers of Tunisia
- 24/09/2011 | Related Legal Text | Decree 88-2011 on associations
- 24/09/2011 | Related Legal Text | Decree 87-2011 on political parties
- 03/08/2011 | Related Legal Text | Decree 72-2011 modifying Decree 35-2011
- 10/05/2011 | Related Legal Text | Decree 35-2011 promulgating the electoral code on the election of the Constituent Assembly
- 18/04/2011 | Related Legal Text | Decree 27-2011 creating an Independent High Authority for the elections
- 23/03/2011 | New Constitutional Document | Decree 14-2011 relating to the provisional organization of the public authorities
- 18/02/2011 | Related Legal Text | Decree 06-2011 establishing the High Commission for the Realization of Revolution Objectives, Political Reforms and Democratic Transition
- 28/07/2008 | Amendment | Constitution of 1959 as amended in 2008
- 13/05/2003 | Amendment | Constitution of 1959 as amended in 2003
- 29/12/1999 | Amendment | Constitution of 1959 as amended in 1999
- 12/07/1988 | Amendment | Minimum Age for Presidential Candidates
- 08/04/1976 | Amendment | Constitution of 1959 as amended in 1976
- 01/06/1959 | New Constitutional Document | 1959 Constitution of Tunisia
- 25/07/1957 | New Constitutional Document | 1957 Declaration of the Republic of Tunisia
- 26/04/1861 | New Constitutional Document | 1861 Constitution of Tunisia
Click for information on the methodology
The country pages are collections from information openly available on the web or documents obtained by the MECF with national constitutional events categorized as follows:
1. New Constitutional Document
A “New Constitutional Document” under the terms of this website is a text that bears new constitutional authority, which was not enacted by a preexisting amendment procedure of the highest law available.
2. Amendment
Documents are categorized as “Amendments” if they were established according to an existing constitutional amendment procedure.
3. Proposal
A “Proposal” is an amendment that was not or is supposed to be implemented in future.
4. Interpretation
An “Interpretation” is a legal determination by a body that is endowed with the authority to issue binding interpretations on the constitutional text. This category is not limited to courts or other traditional bodies of the judiciary. Exemplary bodies include constitutional courts or boards.
5. Related Legal Text
“Related Legal Texts” are those legal documents that are directly relevant to the constitutional provisions and are hierarchically placed below constitutional legal authority. Examples include election laws, laws relating to political parties and laws on the judiciary.
We list secondary materials for each constitutional event of the five categories. These include scholarly articles and the travaux préparatoires.
