In what hopefully (depending on government progress and my discipline) will be a regular feature on the blog over the coming months, I give you my first “constitution watch” – updating readers on progress in the Constituent Assembly in drafting Tunisia’s new constitution.
Two articles this week discussed contents of the preambule of the new constitution, which were leaked, separately, to reporters.
An article appearing in the Tunisian magazine Leaders reports that the new constitution will explicitly define the Tunisian republic as a civil state. According to their sources in the assembly it will also maintain the first article of the constitution and define the regime as republican, abolish the death penalty, and confirm respect for universal values.
In a separate article published by Tunisia Live on Wednesday, the English-language site reports that the constitution will emphasize “applying Islamic principles to the constitution, explicitly defining the Arab-Muslim identity of the state.” The article is unclear on whether these are separate articles in the preambule or not. “The draft also describes the new regime as “republican, democratic, and participatory,” based on respect for the people’s sovereignty and the separation of state powers.” The report also states that the draft will be released to the public next Monday, June 4.
There are no major revelations here, although it will be interesting to see how “applying Islamic principles to the constitution” will actually read in the final draft. Many secular opponents of the government have feared that while Ennahdha has specifically rejected references to sharia in the constitution, they will try to introduce a form of religion-based value tests for the country’s lawmakers and judiciary.
For a further discussion on how the constitution is actually being put together, see this article by Duncan Pickard in the Carnegie Endowment.
See also my previous discussion of including Sharia in the preambule here.