April 21, 2015
Tunisia's New Constitutional Court
By Duncan Pickard
Read the Issue in Focus (PDF)
The Constitutional Court, which was largely an executive tool under the former regime of Zine El-Abidine Ben Ali, now rules on the "constitutionality" of draft laws and is designed to be an effective guarantor of human rights, the balance of power, and constitutional supremacy. However, Pickard argues that despite this heavy burden on the court, the constitution leaves many of the court's competencies vague and open to interpretation. To help the Tunisian legislature clarify these areas and ground itself as a democracy, the author recommends that the international community lend assistance through financial support, legal education, and mentorship.