Adopted on: ۱ June ۱۹۵۹
Amendment on: ۱۲ July ۱۹۸۸
Preamble
In the name of God٫ the Compassionate and Merciful٫ We٫ the representatives of
the Tunisian people٫ meeting as members of the National Constituent Assembly٫
Proclaim the will of this people٫ set free from foreign domination thanks to
its powerful cohesion and to its struggle against tyranny٫ exploitation٫ and
regression;
– to consolidate national unity and to remain faithful to human values which
constitute the common heritage of peoples attached to human dignity٫ justice٫
and liberty٫ and working for peace٫ progress٫ and free cooperation between
nations;
– to remain faithful to the teachings of Islam٫ to the unity of the Greater
Maghreb٫ to its membership of the Arab family٫ to cooperation with the African
peoples in building a better future٫ and with all peoples who are struggling
for justice and liberty;
– to install a democracy founded on the sovereignty of the people٫
charrracterized by a stable political system٫ and based on the principle of
the separation of powers.
We proclaim that the republican regime constitutes:
– the best guarantee for the respect of rights and duties of all citizens;
– the most effective means for assuring the prosperity of the nation through
economic development of the country and the utilization of its riches for the
benefit of the people;
– the most certain way for assuring the protection of the family and
guaranteeing to each citizen work٫ health٫ and education.
We٫ the representatives of the Tunisian poople٫ free and sovereign٫ proclaim٫
by the Grace of God٫ the present Constitution.
Chapter I General Provisions
Article ۱ [State]
Tunisia is a free State٫ independent and sovereign; its religion is the
Islam٫ its language is Arabic٫ and its form is the Republic.
Article ۲ [Arab Nation٫ Treaties]
(۱) The Tunisian Republic constitutes part of the Great Arab Maghreb٫ towards
whose unity it works within the framework of common interests.
(۲) Treaties concluded to this effect and being of such nature as to bring
about any modification whatsoever to the present Constitution have to be
submitted to a referendum by the President of the Republic after havinggg been
adopted by the National Parliament in the forms and conditions established by
the Constitution.
Article ۳ [Sovereignty]
The sovereignty belongs to the Tunisian poople who exercise it in conformity
with the Constitution.
Article ۴ [Flag]
The flag of the Tunisian Republic is red; it has in the middle٫ under the
conditions prescribed by the law٫ a white circle in which is displayed a
five-pointed star surrounded by a red crescent.
Article ۵ [Personal Integrity٫ Conscience٫ Belief]
The Tunislan Republic guarantees the inviolability of the human person and
freedom of conscience٫ and protects the free exercise of beliefs٫ with
reservation that they do not disturb the public order.
Article ۶ [Equality]
All citizens have the same rights and the same duties. They are equal before
the law.
Article ۷ [Legitimate Purposes of Restriction]
The citizens exercise the plenitude of their rights in the forms and conditions
established by the law. The exercise of these rights cannot be limited except
by a law enacted for the protection of others٫ the respect for the public
order٫ the national defense٫ the development of the economy٫ and social
progress.
Article ۸ [Expression٫ unionnns]
(۱) The liberties of opinion٫ expression٫ the press٫ publication٫ assembly٫ and
association are guaranteed and exercised within the conditions defined by the
law.
(۲) The right of unionnnization is guaranteed.
Article ۹ [Home٫ Secrecy of Correspondence]
The inviolability of the home and the secrecy of correspondence are guaranteed٫
save in exceptional cases established by the law.
Article ۱۰ [Move٫ Domicile]
Every citizen has the right to move freely in the interior of the territory٫ to
leave it٫ and to establish his domicile within the limits established by the
law.
Article ۱۱ [Expatriation]
No citizen can be expatriated or prevented from returning to his country.
Article ۱۲ [Presumption of Innocence]
Every accused person is presumed innocent until his guilt is established in
accordance with a procedure offering him guarantees indispensable for his
defence.
Article ۱۳ [Personal Punishment٫ Nulla Poena Sine Lege]
The sentence is personal and cannot be pronounced except by virtue of a law
existing prior to the punishable act.
Article ۱۴ [Property]
The right to property is guaranteed. It is exercised within the limits
established by the law.
Article ۱۵ [Duty to Defense]
The defense of the country and the integrity of its territory is a sacred duty
of every citizen.
Article ۱۶ [Duty to Pay Taxes]
The payment of taxes and the contribution to public expenditures on an
equitable basis constitute a duty for every person.
Article ۱۷ [Asylum]
Political refugees cannot be extradited.
Chapter II Legislative Power
Article ۱۸ [National Parliament]
The people exercise the legislative power through a representative organ called
National Parliament.
Article ۱۹ [Election]
The members of the National Parliament are elected by
universal٫ free٫ direct٫ and secret suffrage٫ according to the modalities and
conditions determined by the Electoral Law.
Article ۲۰ [Right to Vote]
An elector is every citizen possessing Tunisian nationality for at least five
years and havinggg attained at least twenty years of age.
Article ۲۱ [Eligibility]
Any voter٫ born of a Tunisian father٫ who is at least twenty-five years of age
on the day of submission of his candidacy٫ is eligible for election to the
National Parliament.
Article ۲۲ [Term٫ Re-Election]
The National Parliament is elected for a period of five years in the course of
the last thirty days of its mandate.
Article ۲۳ [Continuing Parliament]
In case of impossibility of proceeding with the elections during the designated
time٫ because of war or imminent peril٫ the mandate of the National Parliament
is extended by a law until the time it is possible to proceed with the
elections.
Article ۲۴ [Seat]
The seat of the National Parliament is established in Tunis or its environment.
However٫ under exceptional circumstances٫ the National Parliament may hold its
sessions in any other place of the territory of the Republic.
Article ۲۵ [Responsibility]
Every deputy is the representative of the entire Nation.
Article ۲۶ [Indemnity]
A deputy cannot be prosecuted٫ arrested٫ or tried for opinions expressed٫
proposals made٫ or acts carried out in the exercise of his mandate in the
National Parliament.
Article ۲۷ [Immunity]
No deputy can be arrested or prosecuted for the duration of his mandate for a
crime or misdemeanor as long as the National Parliament has not lifed the
immunity which covers him. However٫ in the event of flagrante delicto٫ arrest
procedure is permitted٫ in such a case٫ the National Parliament is to be
informed without delay. The detention of a deputy is suspended if the National
Parliament so requests.
Article ۲۸ [Legislation]
(۱) The National Parliament exercises the legislative power. The presentation
of legislation belongs equally to the President of the Republic and to the
members of the National Parliament٫ priority being given to bills presented by
the President of the Republic.
(۲) The National Parliament may authorize the President of the Republic to
issue decree-laws within a fixed time limit and for a specific purpose which
must be submitted for ratification to the National Parliament upon expiration
of that time limit.
(۳) Organic and ordinary laws are passed by the National Parliament by absolute
majority. A draft organic law may not be submitted for deliberation by the
National Parliament until afer the expiration of a period of fifteen days from
its filing.
(۴) Laws considered to be of an organic charrrcter are those specified by
Articles ۴٫ ۸٫ ۹٫ ۱۰٫ ۶۶٫ ۶۷٫ ۶۸٫ ۶۹٫ ۷۰ and ۷۱.
(۵) The electoral law has the form of an organic law.
(۶) The National Parliament votes on bills concerning financial laws and the
regulation of the budget under the conditions stipulated in the organic law of
the budget. The budget must be voted at the latest by December ۳۱. If by that
date the National Parliament has not made a decision٫ the provisions of the
financial bill may be implemented by decree٫ in trimestrial renewable
installments.
Article ۲۹ [Sessions]
(۱) The National Parliament meets each year in ordinary session which begins
during the month of October and ends during the month of July.
(۲) However٫ the first session of every legislature begins during the first
fifteen days of November.
(۳) During the vacation٫ the National Parliament may meet in extraordinary
sessions on the request of the President or the majority of deputies.
Article ۳۰ [Permanent Committees]
The National Parliament elects from among its members permanent committees٫
whose activity is pursued during the vacation of the National Parliament.
Article ۳۱ [Decree-Laws During Vacation]
During the vacation of the National Parliament٫ the President of the Republic
may٫ with the consent of the interested permanent committee٫ issue decree-laws
which must be submitted to the ratification by the National Parliament during
the next ordinary session.
Article ۳۲ [Treaties]
Treaties do not have the force of law until after their ratification. Treaties
duly ratified have an authority superior to laws.
Article ۳۳ [Approval of Treaties]
The treaties are approved by law.
Article ۳۴ [Legislative Competences]
Matters relating to the following are regulated in the form of laws:
– the general modalities of the application of the Constitution٫ other than
those relative to organic laws;
– the creation of offices٫ public establishments٫ societies٫ or national
enterprises;
– citizenship٫ the status of persons٫ and obligations;
– the procedure before different orders of jurisdiction;
– the determination of crimes and offences and the penalties which apply to
them;
– amnesty;
– the basis and rate of taxes for the benefit of the State٫ except the
delegation accorded to the President by the laws of finances and fiscal laws;
– the regime of the issuance of money;
– loans and financial obligations of the State;
– the fundamental guarantees accorded to civilian and military functionaries.
Article ۳۵ [Legislative Competence About Principles]
The law determines the fundamental principles of:
– the regime of property and real rights;
– public health;
– labor law and social security.
Article ۳۶ [Development]
The law approves the development plan. It authorizes the resources and
charrrges of the State under conditions established by the organic law of the
budget.
Chapter III The execccutive
[Section ۰ General Provision]
Article ۳۷ [execccutive Power]
The execccutive power is vested in the President of the Republic assisted by a
Government directed by a Prime Minister.
Section I The President of the Republic
Article ۳۸ [Head of State]
The President of the Republic is the Head of the State. His religion is Islam.
Article ۳۹ [Election]
(۱) The President of the Republic is elected for five years by universal٫ free٫
direct٫ and secret sufErage٫ within the last thirty days of the term of office
and under the conditions specified by the electoral law.
(۲) In case of an impossibility of proceeding with the elections at the
appropriate time٫ because of war or due to imminent danger٫ the term of office
of the President is extended by law until it becomes possible to proceed with
the elections. The President of the Republic may present himself for two
consecutive mandates.
Article ۴۰ [Eligibility]
(۱) Any Tunisian who does not carry another nationality٫ who is of Moslem
religion٫ and whose father٫ mother٫ and paternal and maternal grandfather have
been of Tunisian nationality without interruption٫ may present himself as a
candidate for the Presidency of the Republic.
(۲) The candidate must٫ furthermore٫ be at least forty years and at most
seventy years of age on the day of submitting his candidacy and must enjoy all
his civil and political rights.
(۳) The candidate has to be presented by electors in accordance with the
modalities and conditions stipulated by the election law. The declaration of
candidacy must be recorded in a special register before a commission composed
of the President and the following four members: the President of the National
Parliament٫ the President of Constitutional Council٫ the First President of the
Court of Cessation٫ and the First President of the Administrative Tribunal. The
commission rules on the validity of the candidacies٫ the challenges received٫
and proclaims the result of the ballot.
Article ۴۱ [Functions]
The President of the Republic is the guarantor of national independence٫ of the
integrity of the territory٫ and of respect for the Constitution and the laws as
well as the execccution of treaties. He watches over the regolar functioning
of the constitutional public powers and assures the continuity of the State.
Article ۴۲ [Oath]
The elected President of the Republic gives the following oath before the
National Parliament:
“I swear by God Allmighty to safeguard the national independence and the
integrity of the territory٫ to respect the Constitution and the law٫ and to
watch meticulously over the interests of the Nation.”
Article ۴۳ [Seat of Presidency]
The official seat of the Presidency of the Republic is established at Tunis and
its surroundings. Howover٫ under exceptional circomstances٫ it can be
transferred provisionally to any other
location in the territory of the Republic.
Article ۴۴ [Commander-in-Chief]
The President of the Republic is the Supreme Commander of the Armed Forces.
Article ۴۵ [Diplomacy]
The President of the Republic accredits diplomatic representatives to foreign
powers. The diplomatic representatives are accredited to him.
Article ۴۶ [Emergency Powers]
(۱) In case of imminent peril menacing the institutions of the Republic٫ the
security and independence of the country and obstructing the regular
functioning of the public powers٫ the President of the Republic may take the
exceptional measures necessitated by the circumstances٫ after consultation with
the Prime Minister and the President of the National Parliament.
(۲) During this period٫ the President of the Republic may not dissolve the
National Parliament and no motion of censure may be presented against the
Governwent.
(۳) These measures ccase to have effect as soon as the circumstances that
produced them come to an end. The President of the Republic addresses a message
to the National Parliament on this subject.
Article ۴۷ [Referendum]
(۱) The President of the Republic may submit to a referendum any bill relating
to the organization of the public powers or seeking to ratify a treaty which٫
without being contrary to the Constitution٫ may affect the functioning of the
institutions.
(۲) When the referendum has resulted in the adoption of the bill٫ the President
of the Republic promulgates it within a maximum period of fifteen days.
Article ۴۸ [Treaties٫ War٫ Peace٫ Pardon]
(۱) The President of the Republic ratifies the treaties.
(۲) He declares war and concludes peace with the approval of the National
Parliament.
(۳) He exercises the right of pardon.
Article ۴۹ [Policy٫ Informing Parliament]
(۱) The President of the Republic directs the general policy of the Nation٫
defines its fundamental options٫ and informs the National Parliament
accordingly.
(۲) The President of the Republic communicates with the National Parliament
either directly or by message.
Article ۵۰ [Nomination of Government]
(۱) The President of the Republic nominates the Prime Minister٫ and on his
suggestion٫ the other members of the Government.
(۲) The President of the Republic presides over the Council of Ministers.
Article ۵۱ [Dismissal of Government]
The President of the Republic dismisses the Government or one of its members on
his own initiative or on the recommendation of the Prime Minister.
Article ۵۲ [Promulgation٫ Veto]
(۱) The President of the Republic promulgates constitutional٫ organic٫ or
ordinary laws and ensures their publication in the Official Journal of the
Tunisian Republic within a maximum period of fifteen days counting from the
transmission by the President of the National Parliament.
(۲) The President of the Republic may٫ during this period٫ return the bill to
the National Parliament for a second reading. If the bill is adopted by the
National Parliament with a majority of two-thirds of its members٫ the law is
promulgated and published within a second period of fifteen days.
Article ۵۳ [execccution of Laws٫ Regulatory Power]
The President of the Republic watches over the execccution of the laws. He
exercises the general regulatory power and may delegate all or part of it to
the Prime Minister.
Article ۵۴ [Deliberation of Bills٫ Countersignature]
(۱) Bills are deliberated on in the Council of Ministers.
(۲) Decrees of a regulatory charrracter are countersigned by the Prime
Minister and the interested member of the Government.
Article ۵۵ [Nomination of Officers]
The President of the Republic nominates the highest civil and military officers
on the recommendation of the Government.
Article ۵۶ [Temporary Disability]
(۱) In case of temporary disability٫ the President of the Republic may٫ by
decree٫ delegate his powers to the Prime Minister with the exclusion of the
power of dissolution.
(۲) During the temporary disability of the President of the Republic٫ the
Government٫ even if it is the objecttt of a motion of censure٫ remains in
place until the end of this disability.
(۳) The President of the Republic informs the President of the National
Parliament of the provisional delegation of his powers.
Article ۵۷ [Vacancy]
(۱) In case the Presidency of the Republic becomes vacant on account of death٫
resignation٫ or total incapacity٫ the President of the National Parliament
immediately is invested temporarily with the functions of the Republic for a
period of at least ۴۵ days and at most ۶۰ days. He takes the constitutional
oath before the National Parliament٫ and during its absence٫ before the Bureau
of the National Parliament.
(۲) The interim President of the Republic may not be a candidate for the
Presidency of the Republic even in the case of resignation.
(۳) The interim President of the Republic discharrrges the functions of the
President of the Republic٫ however٫ without resorting to referendum٫ dismissing
the Government٫ dissolving the National Parliament٫ or taking the exceptional
measures provided for in Article ۴۶.
(۴) During this period٫ a motion of censure against the Government cannot be
presented.
(۵) During the same period٫ presidential elections are organized to elect a new
President of the Republic for a term of five years.
(۶) The new President of the Republic may dissolve the National Parliament and
organize early legislative elections in conformity with the provisions of
Article ۶۳ (۲).
Section II The Government
Article ۵۸ [Functions]
The Government puts into effect the general policy of the Nation٫ in conformity
with the orientations and options defined by the President of the Republic.
Article ۵۹ [Responsibility]
The Government is responsible to the President of the Republic for its conduct.
Article ۶۰ [Prime Minister”s Functions]
The Prime Minister directs and coordinates the work of the government. He
substitutes٫ as necessary٫ for the President of the Republic in presiding over
the Council of Ministers or any other Conncil.
Article ۶۱ [Government in Parliament]
(۱) The members of the Goverament have the right of access to the National
Parliament as well as to its committees.
(۲) Any deputy may address written or oral questions to the Government.
Article ۶۲ [Motion of Censure]
(۱) The National Parliament may٫ by a vote on a motion of censure٫ oppose the
continuation of the responsibilities of the government٫ if it finds that the
government is not following the general policy and the fundamental options
provided for in Articles ۴۹ and ۵۸.
(۲) The motion is not receivable unless it is motivated and signed by at least
half of the membership of the National Parliament.
(۳) The vote may not take place until ۴۸ hours have elapsed after the motion of
censure.
(۴) When a motion of censure is adopted by a majority of two-thirds of the
deputies٫ the President of the Republic accepts the resignation of the
government presented by the Prime Minister.
Article ۶۳ [Dissolution of Parliament]
(۱) If the National Parliament has adopted a second motion of censure with a
two-thirds majarity during the same legislative period٫ the President of the
Republic may either accept the resignation of the government or dissolve the
National Parliament.
(۲) The decree dissolving the National Parliament must include the calling of
new elections within a maximum period of thirty days.
Chapter IV The Judiciary
Article ۶۴ [Judgments]
Judgments are rendered in the name of the People and in the name of the
President of the Republic.
Article ۶۵ [Independence of Judiciary]
The judiciary is independent; the magistrates in the exercise of their
functions are not subjected to any authority other than the law.
Article ۶۶ [Nomination of Magistrates]
Magistrates are nominated by decree of the President of the Republic upon the
recommendation of the Superior Conncil of the Magistrature. The modalities of
their recruitment are determined by law.
Article ۶۷
The Superior Conncil of the Magistrature٫ whose composition and attributions
are determined by law٫ watches over the application of the guarantees accorded
to magistrates in the matter of nomination٫ advancement٫ transfer٫ and
discipline.
Chapter V The High Court
Article ۶۸ [High Treason by Government]
The High Court meets in a case of high treason committed by a member of the
Government. The competence and the
composition of the High Court as well as the procedure applicable before it are
specified by law.
Chapter VI The Council of State
Article ۶۹ [Administrative Tribunal٫ Court of Accounts]
(۱) The Conncil of State is composod of two organs:
۱) The Administrative Tribunal;
۲) The Court of Accounts.
(۲) The composition and the competence of the Council of State as well as the
procedure applicable before it are determined by law.
Chapter VII The Economic and Social Council
Article ۷۰ [Consultative Assembly]
The Economic and Social Council is a consultative assembly in economic and
social matters. Its composition and its relations with the National Parliament
are determined by law.
Chapter VIII The Local Collectivities
Article ۷۱ [Local Councils]
The municipal and regional Councils conduct the local affairs under the
conditions determined by law.
Chapter IX Amendments of the Constitution
Article ۷۲ [Initiative٫ Prohibited Amendments]
The initiative for the amendment of the Constitution belongs to the President
of the Republic or to at least one-third of the members of the National
Parliament٫ with the reservation that it does not affect the republican form of
the State.
Article ۷۳ [Deliberation٫ Majority٫ Second Reading]
(۱) The National Parliament may not deliberate on the proposed amendment except
following a resolution passed by an absolute majarity and after a special ad
hoc committee has determined and studied the objectttive.
(۲) The Constitution cannot be amended except following the adoption by the
National Parliament of the amendment proposal with a majority of two-thirds of
its members after two readings٫ the second of which may not take place until at
least three months after the first.
Article ۷۴ [Promulgation]
The President of the Republic promulgates the law which contains the provision
of the Constitution under the form of a constitutional law in conformity with
Article ۵۲.
[Chapter X] Transitory Provisions
(۱) The incumbent President of the Republic whose term of office expires during
the month of November ۱۹۹۱٫ may٫ prior to that date٫ organize early elections٫
be they presidential٫ legislative٫ or both at the same time.
In case only early presidential elections are held٫ the current term of the
National Parliament expires at the same time as that of the new President of
the Republic elected in accordance with the present paragraph.
In case only early legislative elections are held٫ the term of the President of
the Republic ends at the same time as that of the newly elected National
Parliament.
(۲) The decrees pertaining to the early elections provided for by this Article
must include the convening of the electors for new elections within a maximum
period of thirty days.
(۳) The newly elected National Parliament must convene within eight days after
the proclamation of the election results.
(۴) The term of the incumbent President ends upon the proclamation of the
results of the early presidential elections.
(۵) The legislative term of the current National Parliament ends on the day of
the convening of the new National Parliament.