A new constitution was adopted in Tunisia by referendum on 25 July 2022. The new fundamental law replaces the constitution of 27 January 2014, which was adopted by the National Constituent Assembly.
While the new constitution seems to enshrine all the rights and freedoms that the 2014 constitution had, a close examination of the new fundamental charter raises questions about its democratic character and constitutes a regression on certain issues:
- The separation and balance of powers are largely broken. The new constitution enshrines a political system with a hyper-presidentialist orientation.
- The state of emergency regime is not constitutionally framed enough against the risk of abuse of power, particularly by the head of the executive.
- The new constitution does not lay down guiding principles to enshrine the independence of the judiciary and leaves a great deal of room for manoeuvre to the legislator in organising the judiciary and the career and discipline of judges.
- Under the new constitution, the President of the Republic can appoint judges to the Constitutional Court, making this institution more malleable by the Executive.
- The new constitution does not enshrine the model of decentralisation retained in the 2014 constitution, which could indicate a return to a minimal decentralisation with local authorities under the domination of the central power.
To learn more about the subject, please download the below attachment available in Arabic and English.
