But now, the constitution - written at independence, and amended twice under Ben Ali after "The Change of Nov. 7" - is really all they have to go by as Tunisia reconstitutes its government. It's a pretty interesting document (if you're a comparative government nerd) and it's a quite liberal document, if you actually follow it, which Ben Ali most assuredly did not!
Why it all matters so much right now is that Mebazza has said all exiled opposition leaders are welcome to come home to run for office in the constituencies. I have absolutely no idea exactly what the district boundaries are, or how they are apportioned (by size? by governorate? by population?), but this breakdown will be of critical importance. Many, including myself, have noted that Tunisia is not a place where development of an Islamist state is likely. However, if there are enough lower house constituencies out in the impoverished, relatively conservative hinterland, it's more likely that the religious parties might gain a foothold. I'll be working on developing more information on this as time goes by, but right now our friends need sleep worse than they need to answer arcane government questions from the American!
Here are the basics of the republic's structure, from my reading of the English translation of the Tunisian Constitution:
• LEGISLATIVE
Tunisia has a bicameral system, with a lower house called the Chamber of Deputies, and an upper house called the Chamber of Advisors.
---- Chamber of Deputies (CoD)
------ Must be 23 years old, and one parent must be Tunisian.
------ A term is five years
------ Deputies are popularly elected, much like Britain's House of Commons or the U.S. House.
------ There are 214 seats. Twenty-five percent of the seats are reserved for opposition parties, the rest are held by the (currently) ruling RCD.
------ The seats are all from single-member districts. Do the math; 214 reps for a country of 10M people - it's potentially a lot more representative democracy than countries such as the U.S.
------ The CoD has the power to introduce bills; as does the executive (President). The President's bills are legally mandated to 'take priority' over anything introduced in the CoD.
------ May allow the president to 'issue decrees' during recesses, which will be ratified in the next scheduled session.
------ Once the CoD passes a law, it goes to the CoA for approval or amendments.
---- Chamber of Advisers (CoA)
------ Must be 40 years old, and one parent must be Tunisian.
------ A term is six years
------ The number of advisers is fixed at 2/3 the number of members of the CoD. Right now, there are 126 members.
------ The seats are all elected by local authorities, much like the U.S. Senate before the 17th Amendment. They are apportioned out by industry, and with some seats reserved for the opposition parties and the major union organization, the UGTT. Thus far, the UGTT has boycotted the government.
------ The CoA has 15 days to approve or amend any bill coming out of the CoD.
• EXECUTIVE
In theory, Tunisia has a strong executive. In reality, the executive has been the only arm of government with real power. Let's look at what the constitution says about the executive:
- 'Executive power is exercised by the President, assisted by a Government headed by a prime minister.'
- The President is the Head of State, and commander of military. Declares war, appoints prime minister, accredits diplomats, concludes treaties, 'directs policy, and defines its basic options,' can dissolve the government,
- Five year term
- Popularly elected. Must receive an absolute majority of votes.
- Must have sole Tunisian citizenship. Must be Muslim. Mother, father, and all grandparents must be natural Tunisian citizens. Must be between ages 40-75 when he or she declared candidacy.
- May take 'exceptional measures' in time of war or disturbance in consultation with PM and leaders of both chambers
• JUDICIAL
- Judges are appointed by presidential decree
- The High Court meets only in case of treason by a member of the government.
- 51 court districts are established throughout the nation
• CONSTITUTIONAL COUNCIL
- Nine members: President, and three of his designees; Two picked by the CoD; and one each picked by the Court of Cassation, the Administrative Court, and the Audit Office.
- Reviews all bills for constitutionality
- Reviews all treaties from the executive
- Decisions are final
