no separation of powers and rights limited by law

Draft First Chapter of Kas Saed’s Constitution: No Separation of Powers and Rights Restricted by Law

The newspaper Le Maghreb published in its edition of this Wednesday, June 15, 2022, a preliminary version of the draft Constitution of the New Republic, which could include 27 or 28 chapters.

This version clearly highlights the path chosen by the President of the Republic, Kaïs Saïed, in his project for a ” democratic grassroots constructions and to give the head of state greater authority. It also defines the governing bodies in the absence of the principle of separation of powers and the role of the head of government as the executive.

This briefing is not really a surprise, as the coordinator of the Advisory Committee on a New Republic, Sadok Belaïd, had already stated that the separation of powers is a ” outdated concept “.

Kaïs Saïed’s new constitution evokes rights and freedoms, but constitutes the insidious lock of “ border by law “. This is especially the case with Article 18 on property rights or Article 19 on the right to transport, or even when it is a matter of the state supporting the principle of decentralization”. in accordance with the provisions of the law “.

According to this version, it appears that Article 49 of the 2014 Constitution has been abandoned. The article in question clearly states that “The law lays down the conditions relating to the rights and freedoms guaranteed by this Constitution, as well as the conditions for their exercise without affecting their essence. These means of control are introduced only by the necessity required of a democratic civil state. and in order to protect the rights of third parties or in the interests of public security, national defense, public health or public morality and with respect for the proportionality and necessity of those controls. It is not possible for a change to affect the results in terms of human rights and freedoms guaranteed by this Constitution. ”So who sets the conditions in this case?

The first chapter of the Kaïs Saïed Constitution is entitled: “ The basis of the economic and social development policy of the future Tunisia “.

The first article states that “ the promotion of the national economy, its modernization and its adaptation to the aspirations of the Tunisian people for prosperity and progress and to the demands of the regional and international economic environment constitute the mainstay of the economic, social, cultural and rural environment. “.

Article 2 provides that ” The state mobilizes all national resources and capacities in order to establish an economic and social democracy that will enable the country to emerge from the current deep crisis and establish a continuous development for the benefit of the Tunisian people in all its classes and their categories “.

Article 3 provides that “The Government, in consultation with the Head of State, shall define the outlines of the policy for a long-term vision centered on a strategy that ensures the achievement of its objectives in stages and in accordance with the planning of economic, social, cultural and environmental policies. which will be reinforced by tax and customs reform projects and commercial and monetary legislation. These policies will be developed after extensive dialogue with national actors and with relevant civil society institutions in what will be officially called ” Tunisian social contract for integral development for the period 20 … 20 ».

Article 4 provides that “The Government will present this Development and Reform Program after consultation with the Head of State and its approval by the Economic and Social Council, then its vote of the ARP. This plan shall be considered a” social contract involving all powers and government structures in the country and all actors in the national economy “.

MBZ

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