President Kaïs Saïed will submit to a referendum, on July 25, a fundamental law which should break with the post-revolution parliamentary experience of 2011.
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Powers concentrated around the Head of State, a rise in power of the regions and a reformulation of the relationships between Islam and the State: Tunisia is preparing to live an upheaval of its institutional architecture. At the end of June, President Kaïs Saïed should indeed make public the new constitution project which he intends to submit to referendum on July 25, the first anniversary of his coup which saw him unilaterally establish an exceptional regime.
The philosophy of the text, marked by a strong presidentialization, is denounced as potentially autocratic by the opposition. She already inspired the methodical dismantling of the institutions from the 2014 Constitution to which Mr. Saïed has for a year.
According to information provided to the world by the constitutionalist Sadok Belaïd, appointed by the Head of State at the head of the advisory committee responsible for writing the new fundamental law, the sequence which opens is clearly in reverse of the parliamentary inspiration which had characterized the post-revolution transition of 2011. Mr. Belaïd, former dean of the Faculty of Legal Sciences in Tunis in the 1970s, handed his project to the President on Monday 20 June, which we do not know at this stage if it will confirm it in its entirety.
In all likelihood, the two men share a certain proximity on the new ways to explore. The model defended by Mr. Belaïd within this dialogue body to the limited representation – The deans of the Faculties of Law asked have refused to sit – provides for the government’s quasi -ubordination to the authority of the Head of State , the strict supervision of the prerogatives of the Parliament and, great novelty, the creation of regional assemblies elected by direct suffrage and doomed to local economic development.
“There must be a single chief”
m. Belaïd is not a mystery of his ambition to rethink the theory of the separation of the powers of Montesquieu, reread in the light of economic imperatives. “The idea of Montesquieu,” he explains, “is to stop power by power. He did not go further. He has evoked neither the social aspects nor the economic aspects. But, for us , there is not only the fight against abuse. There is also the need to get the country out of misery, to give it hope by offering it a development plan. The problem we have to solve is primarily economic and social, not political. “
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