Considered the one success story of the arab spring, tunisia has managed to steer its rocky political transition toward democracy. Tunisia s new constitution in january 2014, a milestone in the countrys transition process, we also questioned h. The legal framework for universal jurisdiction in france. Pdf decretloi du 23 mars 2011 portant organisation provisoire des pouvoirs publics archive, sur t. Following the revolution, elections were held for a constituent assembly to decide on a new constitution for tunisia. Tunisias first modern constitution was the fundamental pact of 1857. When the transition appeared to be on the verge of collapse in the summer of 20, political forces pulled together, producing a constitution by near consensus and a second peaceful election and transition of power. To achieve this, the drafters changed the constitution of the fourth french republic, at the time in force in tunisia, and reinforced executive powers. Tunisia overview the tunisian legal system is heavily influenced by french civil law but the law of personal status is based on islamic law and article 1 of the 1959 constitution declares that islam is the state religion. Files are available under licenses specified on their description page.
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. Mar 11, 2017 law n 5957 dated june 1, 1959 25 thulkaada 78 promulgating the constitution of the republic of tunisia. After tunisia gained its independence from france in 1956, a new constitution was drafted. Ch xxix r 21 iii cooperative societies opening ch iv r 19. 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. Sep 04, 20 in the second section, we discuss some of the current debates on womens rights in tunisia following the arab spring, including the mobilization of women around the controversial article 28 in the draft of the new constitution. The purpose of this paper is to provide a brief and concise overview of some of the main actors who took part in the constitutional debate of tunisia. You may use this album page file to print album pages for yourself, your friends or your children. All structured data from the file and property namespaces is available under the creative commons cc0 license.
Jan 28, 2014 constitution tunisienne version francaise 1. Revolution and religion between december 2010 and january 2011, tunisia entered into a. The text of the icl edition reflects the status of 1991, thereby including the significant amendments of 1988, but not yet those numerous changes after 1991. Pour les travaux des nations unies, il faut utiliser. Constitution of tunisia, 1959 wikisource, the free online. Tunis haes a warmsimmer mediterranean climate koppen climate classification csa, characterized bi a het an dry saison an a cuil an rainy saison. You may not modify this file, and you may not charge any fee for it, or use it in any commercial activity without.
This file contains additional information, probably added from the digital camera or scanner used to create or digitize it. Media in category constitutions of tunisia the following 10 files are in this category, out of 10 total. 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. In the name of god, the compassionate, the merciful, praise be to god, the lord of the universe, and may the benediction and peace of god be upon our leader muhammed and upon all his relations and friends. But the right to education remained the only one unanimously sought by feminine organizations. This provisional administration oversaw the adoption of a constitution in january 2014 as well as free and fair elections in the fall of the same year. 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.
It was adopted on 1 june 1959 and amended in 1999 and 2002, after the tunisian constitutional referendum of 2002. By the grace of god, omar ali saifuddin saadul khairi waddin ibni almarhum mohamedjamalul alam of the state and. Chapter i general provisions article 1 state tunisia is a free state, independent and sovereign. Putting the bill of rights to the test workbook this workbook includes primary sources to help students explore some. In 2009, however, the supreme court of appeals ruled that a nonmuslim woman does have this right since the constitution guarantees freedom of.
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 great revolution for the rights and welfare of. We, the representatives of the tunisian poople, free and sovereign, proclaim, by the grace of god, the present constitution. Constitutions tunisiennes comparees watching tunisia. Books and exhibit guides available for your pc, mac, and mobile device. The 1959 constitution declares tunisia to be an independent state, governed by a three branch presidential parliamentary system. Published in the official gazette of the republic of tunisia on june 1,1959 in an original version arabic only, page 746. The law does not allow a nonmuslim woman married to a muslim man to inherit from him. The constituent assembly of tunisia, elected in october 2011, is currently drafting a new constitution of tunisia. Oct 22, 2008 this paper focuses on successful reform strategies invoked in parts of the muslim world to address issues of gender inequality in the context of islamic personal law. Mar 04, 20 constitution dela republique tunisienne. At the time in the west it was known as the buyuruldu of the bey of tunis. The local climate is an aa affectit somewha bi the latitude o the ceety, the moderatin influence o the mediterranean an the terrain o the hills. After this brief analysis of religion under dictatorship, lets see the situation of religion after the revolution.
You may give copies of the file to other people, and you may post the file on bulletin board systems or web pages. The dominant school of islamic jurisprudence in tunisia is maliki, with some input from the. General elections were held in tunisia on 8 november 1959 to elect a president and chamber of deputies, following the promulgation of a new constitution on 1 june. Law 5957 dated june 1, 1959 25 thulkaada 78 promulgating the constitution of the republic of tunisia. Chapitre premier des principes generaux article premier. Federal constitution federal constitution arrangement of articles pa r t i the states, religion and law of the federation article 1. In the presidential election, incumbent habib bourguiba, who had become president upon the republics proclamation, was the only candidate to. God or other deities we, in the name of the tunisian people, with the help of god, draft this constitution. Tunisias constitution of 1959 with amendments through 2008.
Acts and other legal normatively acts are passed on the basis of constitution of ukraine and must answer her. As zaid alali notes, the effect is that while the new constitution claims to be a product of the peoples will, it is heavily influenced by the preceding. Tunisia s constitution of 1959 with amendments through 2008 historical. The constitutional assembly drafted the 1959 tunisian constitution in order to reinforce the rule of habib bourguiba, the nationalist leader who led tunisia to independence. Constitution of tunisia was created, building largely on the rule of law and human rights. Boggs, 1 baldw 60, statutes that violate the plain and obvious principles of. We recognize that it is now time to move from principles to action, considering the work already being done in implementing the geneva plan of action and identifying those. In the name of the people, we, habib bourguiba, president of the republic of tunisia. By womens rights, we mean womens rights in the law as it concerns personal status and family law. The june draft retains the wording of the 1959 constitution.
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. Constitution of ukraine has the most greatest legal force. It wis no till 30 juin 1999 that its proportions an design wur clearly specified in law. These two rights became official on march 14, 1957 and tunisian women voted for the first time in municipal elections in may 1959 and later in the presidential and legislative elections of november 1959. Constitution of school of article to publication ch xiv c r 35 of p. Its religion is islam, its language is arabic and its form of government is a republic. November 1959 habib bourguiba is formally elected president. This political transition ended more than five decades of authoritarian presidential regimes under the leadership of president habib bourguiba 1959 1987 and ben ali 1987 2011. This was followed by the constitution of 1861, which was not replaced until after the departure of french administrators in 1956, by the constitution of 1959.
Published in the official gazette of the republic of tunisia on june 1, 1959 in an original version arabic only, page 746. 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. Tunisia is a free, independent and sovereign state. At the same time judges must apply all laws in a way consistent with tunisias human rights obligations. Constitution of tunisia, 1959 wikisource, the free. It traces the development of personal status laws in tunisia and morocco, exploring the models they offer in initiating equalityenhancing reforms in bangladesh, where a secular and equalitybased reform approach conflicts with. Tunisia, though still early in its transition, stands alone as a country that has achieved constitutional reform through a more inclusive and participatory process and has held. The constitution of tunisia is the supreme law of the tunisian republic.
Whereas tunisia started from scratch and completely abandoned its 1959 constitution, the egyptian drafting committee massaged existing articles, removed others and added new ones. The greater metropolitan area of tunis, often referred to as grand tunis, has about 2,700,000 inhabitants, making it the thirdlargest city in the maghreb region after casablanca and algiers and the sixteenthlargest in the arab world. Foreign affairs in political cartoons, 18981940 america and the world is an ebook designed to teach students about united states history through the analysis of political cartoons. The kerala education rules, 1959 fourth edition embodying corrections upto 31st december 2010 issued by the authority of the government of kerala general education department. They were also the first elections held since the proclamation of a republic in 1957. Tunisias repressive laws 2 manner prejudicial to the enjoyment of human rights. Law n 5957 dated june 1, 1959 25 thulkaada 78 promulgating the constitution of the republic of tunisia. The address to the court for defence of constitutional rights and freedoms of man and citizen directly on. Norms of constitution of ukraine are the norms of direct action.
In response to these efforts and to support the work of the drafters, article 19 has produced a comprehensive policy brief outlining how the new constitution should protect the right to freedom of expression and freedom of information. From 1956 to 2011, the government and the constitutional democratic rallyoriginally known as the neo destour 19341964 and the socialist destourian party 19641988were effectively one. 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. Adobe provides a web site that will convert nonaccessible pdf files to a format that is usable with a screen reader. The economically successful singaporestyle regime of president ben ali increased the police forces to 80. Americas time with peter jennings another link, using vimeo here the study questions for this series can be found here. Admission of new territories into the federation 3. Ladoption dune constitution en tunisie garante des droits et libertes et consacrant. Supreme law of the federation pa r t ii fundamental liberties 5. Le texte comporte toutes les modifications apportees jusquau 28 juillet 2008. An amendment to the law made in 1959 does allow women to receive the full inheritance if there is no male heir.