The Tunisian Constitution of 2014 ( ar, 2014 دستور تونس) was adopted on 26 January 2014 by the

Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...

elected on 23 October 2011 in the wake of

Tunisia ) , image_map = Tunisia location (orthographic projection).svg , map_caption = Location of Tunisia in northern Africa , image_map2 = , capital = Tunis , largest_city = capital , ...

's Jasmine Revolution that overthrew President

Zine El Abidine Ben Ali Zine El Abidine Ben Ali ( ar, زين العابدين بن علي, translit=Zayn al-'Ābidīn bin 'Alī; 3 September 1936 – 19 September 2019), commonly known as Ben Ali ( ar, بن علي) or Ezzine ( ar, الزين), was a Tunisian politician ...

. It was passed on 10 February 2014, replacing the constitutional law of 16 December 2011 that temporarily formed the basis of government after the suspension of the Constitution of 1959. The Supreme Law of the State, it is the third Constitution of the country's modern history after the Constitutions of 1861 and 1959.

History

The articles of the

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princi ...

were debated one by one at a

plenary session A plenary session or plenum is a session of a conference which all members of all parties are to attend. Such a session may include a broad range of content, from keynotes to panel discussions, and is not necessarily related to a specific sty ...

, from December 2013 to January 2014, in a context of heated debate, which delayed the review.« Libertés, droits des femmes : les avancées de la Constitution tunisienne », ''Le Monde'', January 27 2014
The final text was adopted on 26 January 2014 by the Constituent Assembly with 200 votes for, 12 against and four abstentions. The next day, the text was signed by the interim

president President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

Moncef Marzouki Mohamed Moncef Marzouki ( ar, محمد المنصف المرزوقي; ''Muhammad al-Munṣif al-Marzūqī'', born 7 July 1945) is a Tunisian politician who served as the fifth president of Tunisia from 2011 to 2014. Through his career he has been ...

, the President of the Constituent Assembly, Mustapha Ben Jaafar, and the Head of Government out, Ali Larayedh, during a ceremony at the headquarters of the Assembly. This Constitution is the result of a compromise between the Islamist party

Ennahdha The Ennahda Movement ( ar, حركة النهضة, Ḥarakatu n-Nahḍah; french: link=no, Mouvement Ennahdha), also known as the Renaissance Party or simply known as Ennahda, is a self-defined Islamic democratic political party in Tunisia. Fou ...

(head of government) and the opposition forces. It provides for shared executive powers, gives preference to

Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ...

and, for the first time in legal history of the North Africa, introduced a target parity between men and women in elected bodies. Also for the first time, the text adopted the principle of proportionality in a

limitations clause Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally all ...

. In September 2021, Kaïs Saïed announced an upcoming reform of the 2014 Constitution. It occurred the 22th September 2021, with promulgation of the ''presidential decree n° 2021-117''.

Articles

This description of the Tunisian Constitution of 2014 draws on its unofficial English translation.

Preamble

The

preamble A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...

to the Constitution recalls the struggle of Tunisians for

independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the st ...

in 1956 as the fight for

democracy Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose go ...

led during the Jasmine Revolution of 14 January 2011. The preamble affirms the people's attachment to

human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hum ...

and to its Arab-Muslim identity. It describes Tunisia as a

republic A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...

an and democratic civil state based on

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...

, where

sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person ...

belongs to the people and the principle of

separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...

is guaranteed. The preamble also states that Tunisia must participate in the unification of the Arab world and support liberation movements, including the Palestinian movement. Finally, the preamble states that the Tunisian people must contribute to

sustainable development Sustainable development is an organizing principle for meeting human development goals while also sustaining the ability of natural systems to provide the natural resources and ecosystem services on which the economy and society depend. The desi ...

, to

world peace World peace, or peace on Earth, is the concept of an ideal state of peace within and among all people and nations on Planet Earth. Different cultures, religions, philosophies, and organizations have varying concepts on how such a state would ...

and

solidarity ''Solidarity'' is an awareness of shared interests, objectives, standards, and sympathies creating a psychological sense of unity of groups or classes. It is based on class collaboration.''Merriam Webster'', http://www.merriam-webster.com/dictio ...

among the members of

human Humans (''Homo sapiens'') are the most abundant and widespread species of primate, characterized by bipedalism and exceptional cognitive skills due to a large and complex brain. This has enabled the development of advanced tools, culture, an ...

ity.

General principles

The third article of the Tunisian Constitution provides that the people is the bearer of sovereignty. Article 4 defines the official

flag A flag is a piece of fabric (most often rectangular or quadrilateral) with a distinctive design and colours. It is used as a symbol, a signalling device, or for decoration. The term ''flag'' is also used to refer to the graphic design employ ...

and

national anthem A national anthem is a patriotic musical composition symbolizing and evoking eulogies of the history and traditions of a country or nation. The majority of national anthems are marches or hymns in style. American, Central Asian, and Europe ...

of the state. The ancient

motto A motto (derived from the Latin , 'mutter', by way of Italian , 'word' or 'sentence') is a sentence or phrase expressing a belief or purpose, or the general motivation or intention of an individual, family, social group, or organisation. M ...

- "Liberty, Justice and Order" - is replaced by : "

Liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...

Dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable ...

Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...

and

Order Order, ORDER or Orders may refer to: * Categorization, the process in which ideas and objects are recognized, differentiated, and understood * Heterarchy, a system of organization wherein the elements have the potential to be ranked a number of ...

". Tunisia contributes to the unification of the Arab Maghreb. Article 6 provides that the state is the guardian of

religion Religion is usually defined as a social-cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, tran ...

; it also guarantees

freedom of conscience Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency by ...

and political neutrality of

mosques A mosque (; from ar, مَسْجِد, masjid, ; literally "place of ritual prostration"), also called masjid, is a place of prayer for Muslims. Mosques are usually covered buildings, but can be any place where prayers (sujud) are performed, in ...

and other places of worship.

Apostasy Apostasy (; grc-gre, ἀποστασία , 'a defection or revolt') is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that i ...

campaigns and incitements to hatred and violence are prohibited. Participation in

national service National service is the system of voluntary government service, usually military service. Conscription is mandatory national service. The term ''national service'' comes from the United Kingdom's National Service (Armed Forces) Act 1939. The l ...

and paying

taxes A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or n ...

are duties for all

citizens Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...

International treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...

approved by the Assembly of the Representatives of the People override all other laws but are subjects to the Constitution.

Rights and freedoms

In the Constitution of 1959, the rights and freedoms were only presented in summary form; the detail was set out in individual

s. Article 31 says, "Freedom of opinion, thought, expression, information and publication shall be guaranteed. These freedoms shall not be subject to prior censorship." Under Article 39, education is mandatory until the age of 16. In this regard, the State has the duty "to embed youth in the Arab-Islamic identity and their national belonging; strengthen and promote the

Arabic Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walte ...

language and expand its usage; instill openness to foreign languages and human civilisations; and spread the culture of human rights". Article 49 provides that the law defines the terms surrounding the rights and freedoms enumerated in the Constitution and it supervises them in a spirit of proportionality, to ensure the rights and freedoms of others and to protect the

public interest The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore ...

. The same article states that "No amendment that undermines any human rights acquisitions or freedoms guaranteed in this Constitution is allowed".

Legislative power

Under Article 50 of the Constitution, the

legislative power A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known a ...

is exercised by the people through the

elected Elected may refer to: * "Elected" (song), by Alice Cooper, 1973 * ''Elected'' (EP), by Ayreon, 2008 *The Elected, an American indie rock band See also *Election An election is a formal group decision-making process by which a populatio ...

members of the

Assembly of the Representatives of the People The Assembly of the People's Representatives ( ar, مجلس نواب الشعب ', french: Assemblée des représentants du peuple; ARP) is Tunisia's legislative branch of government. The unicameral Assembly replaced the Constituent Assembly and ...

and

referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

Assembly of the Representatives of the People

The Tunisian Parliament is

unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multic ...

and is elected for a term of 5 years. Article 60 guarantees the rights of the

parliamentary opposition Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. This article uses the term ''government'' as it is used in Parliamentary systems, i.e. meaning ''th ...

in the Assembly of the Representatives of the People. Any Tunisian citizen who is at least 18 years of age has the

right to vote Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...

; Tunisians resident abroad must also enjoy this right and have their own representation in Parliament. Anyone who has held Tunisian

nationality Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...

for at least 10 years and is at least 23 years old may be a candidate in parliamentary elections. The

right of initiative In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a p ...

belongs to the President of the Republic, the Head of Government, as well as at least 10

deputies A legislator (also known as a deputy or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people of the state. Legislatures may be supra-national (for e ...

. The Head of Government alone can present bills of financial nature or aiming to

ratify Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...

an international treaty. Ordinary bills are adopted by a simple majority of the deputies. The draft

organic law An organic law is a law, or system of laws, that form the foundation of a government, corporation or any other organization's body of rules. A constitution is a particular form of organic law for a sovereign state. By country France Under Article ...

s are adopted by an

absolute majority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...

of the members of the Assembly. No member of the Assembly of the Representatives of the People can be prosecuted for acts or words spoken in connection with his parliamentary duties. Every member is also

immune In biology, immunity is the capability of multicellular organisms to resist harmful microorganisms. Immunity involves both specific and nonspecific components. The nonspecific components act as barriers or eliminators of a wide range of pathogens ...

to prosecution for a criminal offense while in office unless his parliamentary immunity is lifted. When the Assembly is dissolved, the President may, with the agreement of the head of government,

rule by decree Rule by decree is a style of governance allowing quick, unchallenged promulgation of law by a single person or group. It allows the ruler to make or change laws without legislative approval. While intended to allow rapid responses to a crisis, rule ...

. The decree-laws adopted by the President must then be approved by the new Assembly at its first regular session. The Assembly of the Representatives of the People may also grant the Head of Government for a period can not be longer than two months, the power to issue decree-laws; the support of three-fifths of the members is required for the award of such power. No decree can undermine the

electoral system An electoral system or voting system is a set of rules that determine how elections and referendums are conducted and how their results are determined. Electoral systems are used in politics to elect governments, while non-political elections m ...

Executive power

Executive power The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems ba ...

is exercised jointly by the President and the Head of Government.

The President of the Republic

The President of the Republic of Tunisia is elected by direct

universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stanc ...

for a term of 5 years. Anyone aged at least 35 years,

Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abraha ...

, holding Tunisian nationality since birth and with no other nationality - or formally committing to renounce any other nationality - may be a candidate in the Tunisian

presidential election A presidential election is the election of any head of state whose official title is President. Elections by country Albania The president of Albania is elected by the Assembly of Albania who are elected by the Albanian public. Chile The ...

. In accordance with Article 75 of the Constitution, no person may serve more than two terms in office, whether successive or separate; this provision can not be

amended Amend as a verb means to change or modify something, as in: *Constitutional amendment, a change to the constitution of a nation or a state *Amend (motion), a motion to modify a pending main motion in parliamentary procedure Amend as a surname may ...

to increase the number of terms that can be served by the same President. The President is the

Head of State A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...

; he defines the general policies of

national security National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...

international relations International relations (IR), sometimes referred to as international studies and international affairs, is the scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such a ...

and

defense Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense indust ...

. He appoints the General Mufti of the Republic of Tunisia, the President of the

Central Bank A central bank, reserve bank, or monetary authority is an institution that manages the currency and monetary policy of a country or monetary union, and oversees their commercial banking system. In contrast to a commercial bank, a central ba ...

, as well as senior post holders in the presidency, the diplomatic service, national security and defense. He promulgates laws adopted by the Assembly of the Representatives of the People and may request further deliberations. He may also, if interest warrants, subject laws to

. President can dissolve the Tunisian parliament before its term. When the country is in danger, the President may temporarily assume extraordinary powers. The Assembly of the Representatives of the People may decide by a majority of two thirds of its members, to end the mandate of the President in case of violation of the Constitution.

The Head of Government

The Tunisian government is composed of the

Head of Government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gr ...

and ministers and secretaries of state appointed by him; the appointment of Ministers of Foreign Affairs and of

Defence Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...

is made in agreement with the President of the Republic. The Head of the Tunisian Government is normally appointed by the president from among the members of the

political party A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or po ...

electoral coalition An electoral alliance (also known as a bipartisan electoral agreement, electoral pact, electoral agreement, electoral coalition or electoral bloc) is an association of political parties or individuals that exists solely to stand in elections. Ea ...

having obtained the largest number of seats in the parliamentary election. No one can be both a member of the government and of the Assembly of the Representatives of the People. The government is responsible to the Assembly. In accordance with Article 101 of the Constitution, jurisdictional disputes between the president and the Head of Government may be resolved by the

Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...

within a week.

Judicial power

The

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

is independent and neutral. Judges enjoy

immunity Immunity may refer to: Medicine * Immunity (medical), resistance of an organism to infection or disease * ''Immunity'' (journal), a scientific journal published by Cell Press Biology * Immune system Engineering * Radiofrequence immunity desc ...

from prosecution. The free and independent exercise of the

legal profession Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first obtain a law degree or some other form of legal education. It is difficult to ...

is guaranteed.

Justice system, administrative and financial judiciary

Judges are appointed by

decree A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for ...

of the President on the advice of the Supreme Judicial Council; appointments to high office are made in consultation with the Head of Government. Judges can not be dismissed or suspended; they can not be transferred without their consent. Disciplinary sanctions fall under the Supreme Judicial Council. Everyone has the right to a

fair trial A fair (archaic: faire or fayre) is a gathering of people for a variety of entertainment or commercial activities. Fairs are typically temporary with scheduled times lasting from an afternoon to several weeks. Types Variations of fairs incl ...

within a reasonable time and has the right to

appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

the judgment. Court hearings are public. Any interference in the work of justice is prohibited. The creation of special courts is not permitted;

Military courts Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodi ...

have jurisdiction only to prosecute military crimes. Court decisions are made on behalf of the people and are executed in the name of the President of the Republic.

=The Supreme Judicial Council

= The Supreme Judicial Council consists of four components: the Judiciary Council, the administrative Judicial Council, the Financial Judicial Council, and the General Assembly of the three judicial councils. Each organ is composed two-thirds of magistrates elected or appointed to official functions, with the remaining third being composed of non-judicial independent experts. The majority of members of these bodies are to be elected; their term of office is six years and is not renewable. The General Assembly of the three judicial councils decides on bills concerning the judicial system. The three councils decide on matters concerning the career and discipline of judges. The Supreme Judicial Council prepares an annual report and send a copy to the President of the Republic, the head of government, and the President of the Assembly of the Representatives of the People.

=The judicial system

= The judiciary consists courts of first instance, courts of second instance and the

Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In t ...

. The Court of Cassation must submit and publish an annual report. Public prosecution is part of the judicial system.

=Administrative judiciary

= The administrative judiciary consists of

administrative court An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered ...

s of first instance, administrative courts of second degree and of the Supreme Administrative Court. The must submit a published annual report. Administrative justice has jurisdiction over administrative disputes and exercises a consultative jurisdiction in accordance with the law.

=Financial judiciary

= The financial judiciary consists of the and its various bodies. The Court of Audit provides an annual report which must be published. If necessary, it prepares specific reports. The Court of Audit is competent to advise the executive and legislative powers in the enforcement of financial laws. It also ensures proper management of public funds.

The Constitutional Court

Between 1987 and 2011, Tunisia had a , created by presidential decree by Ben Ali and brought within the scope of the constitution in 1995. However, only the President of the Republic had the power to nominate its members. This Constitutional Council was dissolved by the Decree of 23 March 2011, following the Tunisian Revolution. The Constitution of 2014 provides for a newly-constituted

. It consists of 12 members, who must have 20 years' experience in order to serve for a single term of 9 years. Two thirds are specialized in law. The President of the Republic, the President of the Assembly of the Representatives of the People and the Supreme Judicial Council each propose four candidates; the Assembly of the Representatives of the People approves nominations with a three-fifths majority. The Constitutional Court appoints a president and a vice president, both specialized in law. The Constitutional Court can only rule on the constitutionality of: * Bills submitted by the President of the Republic, the Head of Government or 30 elected Assembly of the Representatives of the People * Proposals to amend the Constitution submitted by the President of the Republic * International treaties submitted by the President of the Republic * Laws submitted by the courts * The Rules of Procedure of the Assembly of the Representatives of the People submitted by its President.

Independent constitutional bodies

The Constitution creates several independent constitutional bodies. They enjoy financial and administrative autonomy. Their members are appointed by the Assembly of the Representatives of the People and each of them must submit an annual report to the Assembly. Instances are five in number: * the

Independent High Authority for Elections The Independent High Authority for Elections ( ar, الهيئة العليا المستقلة للانتخابات ', french: Instance supérieure indépendante pour les élections or ISIE ) is a government agency in charge of organizing and super ...

* the * the Human Rights Commission * the Commission for Sustainable Development and the Rights of Future Generations and * the Good Governance and Anti-Corruption Commission.

Local government

Tunisia is divided into

Governorates A governorate is an administrative division of a state. It is headed by a governor. As English-speaking nations tend to call regions administered by governors either states or provinces, the term ''governorate'' is often used in translation from ...

, Delegations (regions) and

municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...

in accordance with the law. Municipal and regional councils are elected by universal suffrage; Governorate councils are elected by members of municipal and regional councils. Local authorities are represented by the High Council of Local Authorities; its President may participate in the deliberations of the Assembly of the Representatives of the People. Administrative Justice is responsible for resolving conflicts between local and central government.

Amending the Constitution

The Constitution may be reviewed, on the initiative of one third of MPs or the President of the Republic. Any proposed revision of the Constitution is subject to review by the Constitutional Court; it ensures that the proposed revision does not affect items the modification of which is prohibited by the Constitution, namely Articles 1, 2, Chapter II and Article 75 imposing presidential term limits. The review must be approved by two thirds of the members of the Assembly of the Representatives of the People, and then be submitted to a referendum.

Final provisions

The preamble is an integral part of the Constitution; all articles of this latter form an integrated whole. The Constitution comes into force upon its publication in the by the President of the National Constituent Assembly.

Transitional provisions

Under Chapter X, several articles of interim constitutional law are set out, specifying the times for holding the first

parliamentary A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...

and presidential elections. The Supreme Judicial Council is also to be established no later than six months after the legislative elections. Constitutional authority is in the meantime to be exercised by an interim body composed of the President of the Court of Cassation, the President of the Administrative Court, the President of the Court of Audit and three other legal experts appointed by the President, the Head of Government and the president of the National Constituent Assembly. The Constitutional Court is to be instituted within one year after the

legislative elections A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...

. Finally, the first two partial renewals of the Constitutional Court, the Elections Commission, the Audio-Visual Communication Commission and the Good Governance and Anti-Corruption Commission are to be achieved by drawing lots among the members of the first cohort of members.

References

Bibliography

* *