Whereas many observers are lamenting the failure of the arab spring, tunisia has proven once again that it is on a march toward democracy. In the name of the people, we, habib bourguiba, president of the republic of tunisia, considering the decree of december 29, 1955 14 djoumada i 75. Chapter i general provisions article 1 state tunisia is a free state, independent and sovereign. Hakemli makaleler constitution making after jasmine revolution. The constitution of tunisia in the name of the people, we, habib bourguiba, president of the republic of tunisia, considering the decree of december 29, 1955 14 djoumada i 75 establishing the constituent national assembly. Lawmakers have approved many of the chapters and articles, and the final vote on the entire document should take place within a few days. Pdf decretloi du 23 mars 2011 portant organisation provisoire des pouvoirs publics archive, sur t consulte le 20 juillet 2018. A day later, in line with the 1959 constitution, the speaker of the parliament fouad mebazza became interim president of the republic. The relationship between the constitution, the sharia and. The role of islamic law in tunisias constitution and. The constitutions of most arab countries refer to sharia as a source of at least some laws, if not all laws. Published in the official gazette of the republic of tunisia on june 1,1959 in an original version arabic only, page 746. The relationship between the constitution, the sharia and the fiqh.
Panarabist ideology in the new tunisian constitution memri. Commn on intl religious freedom, the religionstate. Zine alabidine ben ali in 2011, the tunisian political system featured a powerful presidential regime backed by a single political party. It was passed on 10 february 2014, replacing the constitutional law of 16 december 2011 that temporarily formed the basis of government after. Compared to the 1959 constitution, the current one gives more consistency to womens rights equality, representation and parity. Tunisia claimed a major success in october 2011, when the country held elections to choose representatives for a national constituent assembly nca. Tunisia became a french protectorate in 1881 and remained under french rule until march 1956 when it gained independence, followed by the promulgation of a new constitution on 1 june 1959. Fiqh and sharia islamic jurists of the twentieth century often stress the nonidentity of sharia and fiqh. Tunisia is a free, independent and sovereign state. For nearly the entire period between tunisias achievement of independence in 1956 and the jasmine revolution, a popular uprising that unseated pres. The constitution of the kindom of nepal, 1959 preamble whereas his late majesty king tribhuvan bir bikram shah dev, father of the nation and revered descendant of the illustrious king prithvi narayan shah, adherent of aryan culture and hindu religion, having led a.
Chapitre premier des principes generaux article premier. The new text also highlights tunisia s contradictions. It bestows certain rights on the people, including the right of ownership and right to confidentiality in personal correspondence excluding cases of suspected criminal activity. The state mauritius shall be a sovereign democratic state, which shall be known as the republic of mauritius. On january 3, the national constituent assembly nca began voting on the countrys new constitution. Jan 27, 2014 this page was last edited on 24 november 2016, at 17.
Since the promulgation of a republican constitution in june 1959, three years after gaining independence from france, tunisia has had just four directly elected presidents. Numerous and frequentlyupdated resource results are available from this search. All structured data from the file and property namespaces is available under the creative commons cc0 license. The case of tunisia 67 constitution making after jasmine. 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. Mar 11, 2017 law n 5957 dated june 1, 1959 25 thulkaada 78 promulgating the constitution of the republic of tunisia. The anc, elected october 23, 2011 in the countrys first free elections, started the process of drafting the new constitution on february, 2012. The role of islamic law in tunisias constitution and legislation postarab spring during 2012 it was reported that the alnahda party agreed that there is no need to insert a special provision declaring islam the main source of legislation because article 1 of the old. Tunisias compromise constitution carnegie endowment for. The supreme law of the state, it is the third constitution of the countrys modern history after the constitutions of 1861 and 1959. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus. God or other deities we, in the name of the tunisian people, with the help of god, draft this constitution.
Ladoption dune constitution en tunisie garante des droits et libertes et consacrant. The constitution of the state of brunei, 1959 the constitution administrative appeals rules order, 1959 made under section 80 in exercise of the powers conferred on him by section 80 of the constitution of the state of brunei, 1959, the sultan has made the following order1. While it does not refer to universal equality between males and females, it confirms equality of all citizens, male and female alike. Please follow these steps to set up and start using your website. Law n 5957 dated june 1, 1959 25 thulkaada 78 promulgating the constitution of the republic of tunisia. Constitution is supreme law this constitution is the supreme law of mauritius and if any other law is inconsistent with this constitution, that. In the classical period of islamic law, the fiqh was seen as the sharia in.
After gaining independence from france in 1956, a new constitution was drafted and later adopted in 1959. Tunisias constitution of 1959 with amendments through 2008 historical. The constitution of 1959 granted the president sweeping. Article 2 the republic of tunisia is a part of the great arab maghreb, an entity which it endeavors to unify within the framework of mutual interests.
We, the representatives of the tunisian poople, free and sovereign, proclaim, by the grace of god, the present constitution. Introduction on january 26, 2014, tunisia s national constituent assembly anc approved the countrys new constitution, three years after the january 14, 2011 ouster of dictator zine elabidine ben ali. It wis no till 30 juin 1999 that its proportions an design wur clearly specified in law. Le peuple exerce le pouvoir legislatif par lintermediaire dune assemblee representative, denommee chambre des deputes. The constitutional assembly drafted the 1959 tunisian constitution in order to reinforce the rule of habib bourguiba, the nationalist leader who led tunisia.
Tunisia s constitution of 1959 with amendments through 2008 historical. Historically, tunisian judges did not interpret this language from the 1959 constitution in a way that imposed sharia. Its religion is islam, its language is arabic and its type of government is the republic. In the name of the people, we, habib bourguiba, president of the republic of tunisia.
Constitution of tunisia, 1959 wikisource, the free. The first step in the constitution making process was the election of a 217member national constituent assembly on oct. It remained the kintras offeecial banner durin its time as a french protectorate, an wis confirmed as the naitional banner o the republic o tunisie wi the signin o the constitution o tunisie on 1 juin 1959. Tunisia 2014 page 21 president of the republic shall consult with political parties, coalitions, and parliamentary groups, with the objective of asking the person judged most capable to form a government within a period of no more than one month to do so. Amendments to the constitution were made several times in 1988, 1999, 2002, 2003, and 2008. Tunisias constitution of 1959 with amendments through 2008. Files are available under licenses specified on their description page. This document is available also in arabic and french this document constitutes a nonofficial translation of the text of the constitution submitted for adoption, in plenary session of the national constituent assembly, on january 26, 2014. To achieve this, the drafters changed the constitution of the fourth french republic, at the time in force in tunisia, and reinforced executive powers. Ninetyeight percent of tunisians are muslim and islam is an integral part of culture and life. The constitution of tunisia in the name of the people, we, habib bourguiba, president of the republic of tunisia, considering the decree of december 29, 1955 14 djoumada i 75 establishing the constituent national. Considering the decision of the constituent national assembly of july 25, 1957 26 dhoulhidja 76. The first president was habib bourguiba, who became the countrys first president after the proclamation of a republic in 1957. The monarchy was abolished by the constituent assembly on 25 july 1957.
Loi n 59129 du 5 octobre 1959, portant promulgation du code. The study suggests that the constituent assembly reaffirms article 5 of 1959 constitution which asserts that tunisia remains committed to respecting human rights in their universality, comprehensiveness, and indivisibility. Constitution of tunisia, 1959 wikisource, the free online. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. Published in the official gazette of the republic of tunisia on june 1, 1959 in an original version arabic only, page 746.
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