Tunisian Constitution of 2014

Member State of the African Union The Tunisian Constitution of 2014 (Arabic: 2014 دستور تونس) was adopted on 26 January 2014 by the Constituent Assembly, elected on 23 October 2011 in the wake of Tunisia's Jasmine Revolution that overthrew President Zine El Abidine Ben Ali.

[5] This Constitution is the result of a compromise between the Islamist party Ennahdha (head of government) and the opposition forces.

It provides for shared executive powers, gives preference to Islam and, for the first time in legal history of the North Africa, introduced a target parity between men and women in elected bodies.

[7] In the Name of God, the Merciful, the Compassionate We, the representatives of the Tunisian people, members of the National Constituent Assembly, [...]

[8]The preamble to the Constitution recalls the struggle of Tunisians for independence in 1956 as the fight for democracy led during the Jasmine Revolution of 14 January 2011.

It describes Tunisia as a republican and democratic civil state based on law, where sovereignty belongs to the people and the principle of separation of powers is guaranteed.

Finally, the preamble states that the Tunisian people must contribute to sustainable development, to world peace and solidarity among the members of humanity.

[8] Article 1 : Tunisia is a free, independent, sovereign state; its religion is Islam, its language Arabic, and its system is republican.

[13] Article 6 provides that the state is the guardian of religion; it also guarantees freedom of conscience and political neutrality of mosques and other places of worship.

[15] International treaties approved by the Assembly of the Representatives of the People override all other laws but are subjects to the Constitution.

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

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 language and expand its usage; instill openness to foreign languages and human civilisations; and spread the culture of human rights.

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

The Head of Government alone can present bills of financial nature or aiming to ratify an international treaty.

[28] 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.

[31] The President of the Republic of Tunisia is elected by direct universal suffrage for a term of 5 years.

[32] The President is the Head of State;[34] he defines the general policies of national security, international relations and defense.

[39] 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 the Tunisian Government is normally appointed by the president from among the members of the political party or electoral coalition having obtained the largest number of seats in the parliamentary election.

The Court of Audit is competent to advise the executive and legislative powers in the enforcement of financial laws.

[63] Instances are five in number: Tunisia is divided into Governorates, Delegations (regions) and municipalities in accordance with the law.

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.

[71] The Constitution comes into force upon its publication in the Official Gazette [fr] by the President of the National Constituent Assembly.

[72] Under Chapter X, several articles of interim constitutional law are set out, specifying the times for holding the first parliamentary and presidential elections.

National Assembly's composition by parliamentary groups (2014)
Independent (53)
Democratic Bloc (18)
Democratic Transition (13)