Law No. 59-57of1June1959 (25 doul kaâda 1378), concerning promulgation of the Constitution of the Tunisian Republic.
[appearing in JORT No. 30of1June1959 in the original version [Arabic only], page 7461
In the Name of the people,
W e, Habib Bourguiba, President of the Tunisian Republic,
Considering the decree of 29 December 1955 (14 Djoumada I 1375) concerning the institution of the National Constituent Assembly;
Considering the decision of the National Constituent Assembly of 25 July 1957 (26 Dhoul-hidja 1376),
And with the approval of the National Constituent Assembly,
Promulgate the following Constitution of the Tunisian Republic, as follows:
Preamble
In the name of God
Merciful and Compassionate,
We, representatives of the Tunisian people, meeting in National Constituent
Assembly,
Proclaim the will of this people, who freed themselves from foreign domination thanks to their strong cohesion and to the struggle in which they engaged against tyranny, exploitation and regression,
- to consolidate national unity and remain faithful to the human values that constitute the common heritage of the peoples attached to the dignity of Man, to justice and to liberty and who are striving for peace, progress and the free cooperation of nations;
- to remain faithful to the teachings of Islam, to the unity of the Grand Maghreb, toits membership in the Arab community, and to cooperation with the African peoples to build a better future and to the solidarity of peoples who struggle to achieve justice and liberty;
- to establish a democracy founded on the sovereignty of the people, and characterized by a stable political regime based on separation of the powers.
We proclaim that the republican regime constitutes:
- the best guarantee for the respect of the rights of Man, for the establishment of equality of citizens in rights and in duties, and for the achievement of the prosperity of the country through economic development and the exploitation of the national resources for the benefit of the people;
- the most effective way to assure the protection of the family and the right of citizens to work, to health and to education.
We, representatives of the free and sovereign Tunisian people, proclaim, by the grace of God, this Constitution.
THE CONSTITUTION OF THE TUNISIAN REPUBLIC CHAPTER ONE
GENERAL PROVISIONS

Article 1
- Tunisia is a free, independent and sovereign state; its religion is Islam, its language is Arabic and its regime is the Republic.
Article 2
The Tunisian Republic constitutes a part of the Grand Arab Maghreb, for the unity of which it works within the framework of common interests.
The treaties signed to this end and which by their nature might cause any modification in this Constitution will be submitted by the President of the Republic to a referendum after their adoption by the Chamber of Deputies, in the forms and conditions specified by the Constitution.
Article 3
Sovereignty belongs to the Tunisian people who exercise it in accordance with the Constitution.
Article 4
The flag of the Tunisian Republic is red, and bears, with the conditions defined by the law, in its middle, a white circle where a five-pointed red star surrounded by a red crescent is figured.
The motto of the Republic is: Liberty, Order, Justice.
Article 5
The Tunisian Republic guarantees the fundamental freedoms and rights of Man in their universal, global, complementary and interdependent meaning [acception].
The Tunisian Republic has for its foundations the principles of the State of law and of pluralism and strives for the dignity of Man and the development of his personality.
The State and society strive to anchor the values of solidarity, of mutual assistance and of tolerance between individuals, groups and generations.
The Tunisian Republic guarantees the inviolability of the human person and the freedom of conscience, and protects the free exercise of religious beliefs, under reserve that it does not disturb the public order.
Article 6
All citizens have the same rights and the same duties. They are equal before the law.
Article 7
The citizens exercise the full extent of their rights in the forms and conditions specified by the law. The exercise of these rights can be limited only by a law enacted for the protection of the rights of others, the respect of the public order, the national defense, the development of the economy and social progress.
Article 8
The freedoms of opinion, of expression, of the press, of publication, of assembly and of association are guaranteed and exercised with the conditions defined by the law.
The syndical right is guaranteed. 
The political parties contribute to the grouping [encadrement] of citizens, in order to organize their participation in political life. They must be organized on democratic bases. The political parties must respect the sovereignty of the people, the values of the Republic, the rights of Man, and the principles concerning personal status.
The political parties pledge to prohibit all forms of violence, of fanaticism, of racism and of discrimination.
A political party may not be based fundamentally on principles, objectives, activity, or programs of one religion, one language, one race, one sex, or one region.
It is prohibited for any party to be dependent upon foreign parties or interests. The law specifies the regulations of constitution and of organization of the parties.
Article 9
The inviolability of the domicile, the secrecy of correspondence and the protection of personal data are guaranteed, save in the exceptional cases specified by the law.
Article 10
Every citizen has the right to circulate freely in the interior of the territory, to leave it, and to establish his domicile within the limits specified by the law.
Article 11
No citizen can be banished from the national territory or prevented from returning to it.
Article 12
Police custody is subject to judicial control, and preventive detention can proceed only on jurisdictional order. It is forbidden to place anyone in arbitrary police custody or arbitrary detention.
An accused person is presumed innocent until the establishment of his culpability following a procedure that offers him the guarantees indispensable to his defense.
Article 13
Penalties are personal and may be pronounced only by virtue of a law  established prior to the punishable act, except in the case of a more favorable text.
Any person having lost his freedom shall be treated humanely with respect for his dignity, in compliance with the conditions specified by the law.
Article 14
The right of ownership is guaranteed. It is exercised within the limits provided for by the law.
Article 15
Each citizen has the duty to protect the country, and to safeguard the independ- ence, the sovereignty and the integrity of the national terri tory.
The defense of the fatherland is a sacred duty for each citizen.
Article 16
The payment of taxes and the contribution to public expenses, on the basis of equity, constitutes a duty for each person.
Article 17
It is forbidden to extradite political refugees.
CHAPTER Il
THE LEGISLATIVE POWER
Article 18
The people exercise the legislative power by the intermediary of the Chamber of
Deputies and of the Chamber of Councilors, or by means of referendum.
The members of the Chamber of Deputies are elected by universal, free, direct, and secret suffrage, in accordance with the modalities and the conditions established by the electoral law.
Article 19
The Chamber of Councilors is composed of advisors of which the number must not be greater than two-thirds of the members of the Chamber of Deputies; the electoral law determines the modalities for establishing this number, every six years, on the basis of the number of members of the Chamber of Deputies in office.
The members of the Chamber of Councilors are determined as follows:
One or two members from each governorate, according to the number of inhabitants, is elected or are elected at the regional level, from among the elected members of local collectivities.
One-third of the members of the Chamber are elected at the national level, from among the employers, the farmers and the wage earners [salariés];the candidatures are proposed by the professional organizations concerned, from the lists comprising at the minimum twice the number of seats reserved for each cate- gory. The seats are distributed equally among the concerned sectors.
The members of the Chamber of Councilors are elected, by free and secret suffrage, by the elected members of the local collectivities.
The electoral law specifies the modalities and conditions of the election of the members of the Chamber of Councilors.
The President of the Republic appoints the remaining members of the Chamber of Councilors from among the prominent persons and the national competences.
The members of the Chamber of Councilors must not be bound by local or sectoral interests.
Concurrent [cumul] mandate in the Chamber of Deputies and in the Chamber of Councilors is not admitted.
Article 20
Any citizen possessing Tunisian nationality for at least five years, of eighteen years of age and fulfilling the conditions specified by the electoral law is an elector.
Article 21
Any elector born of a Tunisian father or a Tunisian mother and who has attained twenty-three years of age on the day of the presentation of his candidature, is eligible to the Chamber of Deputies.
A candidate to the Chamber of Councilors must be born of a Tunisian father or a Tunisian mother, and have attained forty years of age at least on the day of the presentation of his candidature, and must be an elector.
These conditions apply to all the members of the Chamber of Councilors.
The candidate to the Chamber of Councilors must also have, as the case may be, a professional capacity [qualité] which enables him to stand as candidate for the sector of the employers, that of the farmers or that of the wage-earners.
Each member of the Chamber of Deputies and of the Chamber of Councilors takes, prior to the exercise of his functions, the following oath:
"I swear by God Almighty to serve my country loyally, to respect the Constitution and to pledge allegiance exclusively to Tunisia."
Article 22
The Chamber of Deputies is elected for a mandate of five years in the course of the last thirty days of its mandate.
The mandate of the members of the Chamber of Councilors is stipulated at six years; its composition is renewed by half every three years.
Article 23
In the case of impossibility of proceeding with the elections, because of war or imminent threat, the current mandates of the Chamber of Deputies or of the Chamber of Councilors are prorogued by a law adopted by the Chamber of Deputies, until it is possible to proceed with the elections. The prorogation is applicable, in this case, to the rest of the members of the Chamber of Councilors.
Article 24
The seat of the Chamber of Deputies and the seat of the Chamber of Councilors is established in Tunis and its environs; however, in exceptional circumstances, one of the two Chambers or the two Chambers may hold their sessions at any other location within the territory of the Republic.
Article 25
Every deputy is the representative of the entire Nation.
Article 26
A member of the Chamber of Deputies or a member of the Chamber of Coun- cilors may not be prosecuted, arrested, or judged for the reason of opinions expressed, of proposals made, or acts accomplished in the exercise of his mandate within each Chamber.
Article 27
No member of the Chamber of Deputies or of the Chamber of Councilors may, for the duration of his mandate, be prosecuted or arrested for a crime or mis- demeanor, so long as the concerned Chamber has not lifted the immunity protecting him.
However, in the case of flagrante delicto, it can proceed to his arrest. The concerned Chamber is informed without delay. The detention is suspended if the concerned Chamber requests it.
During the recesses of the concerned Chamber, its Bureau fulfills the attribution.
Article 28
The Chamber of Deputies and the Chamber of Councilors exercise the legislative power, in accordance with the provisions of the Constitution. The initiative of law belongs concurrently to the President of the Republic and to the members of the Chamber of Deputies.
The Bills presented by the President of the Republic have priority.
The Bills of law presented by the members of the Chamber of Deputies are not receivable when their adoption would have as a consequence the reduction of public resources or an augmentation of charges, or of new expenses.
These provisions apply also to amendments brought to the Bills of law.
The Chamber of Deputies and the Chamber of Councilors may enable the President of the Republic, for a set period of time and for a specific purpose, to issue decree laws which he will submit, as the case may be, to the approval of the Chamber of Deputies or the two Chambers, at the expiration of that time period.
The Chamber of Deputies and the Chamber of Councilors adopt the Bills of organic law by the absolute majority of its members and adopt the Bills of ordinary law by the majority of the members present, this majority must not be inferior to one-third of the members of the concerned Chamber.
A Bill for an organic law may only be submitted to the deliberation of the Chamber of Deputies with the expiration of a time period of fifteen days after its deposit.
The laws specified in Articles 4, 8, 9, 10, 33, 66, 67, 68, 69, 70, 71 and 75 of the Constitution have the character of organic laws. The electoral law is invested with [revêtier]the form of organic law.
The Bills of the law of finance are submitted to the Chamber of Deputies and to the Chamber of Councilors.
The Chamber of Deputies and the Chamber of Councilors adopt the Bills of the law of finance, and of the regulation of the budget. If on the date of 31
December, the Chamber of Councilors has not adopted the Bills of the law of finance, whereas the Chamber of Deputies has adopted them, they are submitted to the President of the Republic for promulgation.
The budget must be adopted on 31 December at the latest. If, this time period being past, the two Chambers have not decided, the provisions of the law of finance will be brought into force by decree, in renewable trimestrial segments.
Article 29
The Chamber of Deputies and the Chamber of Councilors meet, each year, in ordinary session commencing in the course of the month of October and ending in the course of the month of July. However, the first session of the legislature of the Chamber of Deputies begins during the fortnight [quinzaine] following its election. The same time period is applicable to the renewal of half of the members of the Chamber of Councilors.
In the case where the beginning of the first session of the legislature of the Chamber of Deputies coincides with its recess, one session of fifteen days is opened.
During their recesses, the Chamber of Deputies and the Chamber of Councilors meet in extraordinary session at the demand of the President of the Republic or of the majority of the members of the Chamber of Deputies, to consider a specific agenda.
Article 30
Both the Chamber of Deputies and the Chamber of Councilors elect, from among their members, permanent commissions which function without interruption, even during the recesses of the two Chambers.
Both the Chamber of Deputies and the Chamber of Councilors elect, from among their members, commissions to examine the draft of the plan of development, and others to examine the Bills of the laws of finance. Likewise, each Chamber elects, from among its members, a special commission for parliamentary immunity and a special commission for the elaboration or the modification of the internal regulations.
Article 31
The President of the Republic can, during the recesses of the Chamber of Deputies and the Chamber of Councilors, issue decree-laws which will be sub- mitted, as the case may be, to the ratification of the Chamber of Deputies or the two Chambers, in the course of the ordinary sessions which follow the recesses.
Article 32
The President of the Republic ratifies the treaties.
The treaties concerning the frontiers of the State, the commercial treaties, the treaties concerning international organization, the treaties which affect the financial commitments of the State, as well as treaties including provisions of a legislative character or concerning the status of persons, may be ratified only after their approved by the Chamber of Deputies.
The treaties enter into force following their ratification and on the condition that they are applied by the other party. The treaties ratified by the President of the Republic and approved by the Chamber of Deputies have an authority superior to that of the laws.
Article 33
The Bills of law presented by the President of the Republic are submitted, as the case may be, to the Chamber of Deputies or to the two Chambers.
The President of the Chamber of Deputies informs the President of the Republic and the President of the Chamber of Councilors of the adoption of a Bill of law by the Chamber of Deputies; the information is accompanied by the text adopted.
The Chamber of Councilors finishes its examination of the Bill adopted by the Chamber of Deputies within a maximum time period of fifteen days.
When the Chamber of Councilors adopts the Bill without introducing any amendment, the President of this Chamber submits it to the President of the Republic for promulgation, and informs the President of the Chamber of Deputies thereof, the information accompanied by the text adopted.
If the Chamber of Councilors does not adopt the text within the period specified in paragraph 3 of this article, the President of the Chamber of Deputies submits the Bill of law adopted by the Chamber of Deputies, to the President of the Republic for promulgation.
When the Chamber of Councilors adopts the Bill of law with amendments thereto, the President of the Chamber of Councilors submits the Bill to the President of the Republic, and informs the President of the Chamber of Deputies thereof. A mixed and equal commission, composed of members of the two Chambers is constituted, on proposal of the Government, with a view to prepare, within a time period of one week, a common text approved by the Government and including the provisions on which there is disagreement between the two Chambers.
In the case of agreement on a common text, it shall be submitted to the Chamber of Deputies to decide definitively within a time period of one week; however, this text may be amended only following the approval by the Government.
The President of the Chamber of Deputies submits to the President of the Republic, for promulgation, and as the case may be, either the Bill of law that the Chamber has adopted without having accepted the amendments, or the Bill of law as amended, in case of its adoption by the said Chamber.
If the mixed and equal commission is unable to agree on a common text within the time period prescribed, the President of the Chamber of Deputies submits to the President of the Republic, for promulgation, the Bill of law adopted by the said Chamber.
If amendments have been introduced by the Chamber of Councilors, it proceeds to the constitution of a mixed and equal commission composed of members of the two Chambers, with the view of preparing, in the time period of one week, a common text including the provisions which are the object of the disagreement. In the case of the adoption of a common text, that text is submitted to the Chamber of Deputies to decide definitively. In this case, application is made of paragraph 8 of this article.
The vacancies of the Chamber of Deputies and of the Chamber of Councilors suspend the time periods provided by this article.
The organization of the work of each of the two Chambers is established by the law and by the internal regulations. The law equally defines the relations between the two Chambers.
Article 34
Texts concerning the following are adopted in the form of laws:
-the general modalities of application of the Constitution, other than those which are previously made the object of organic laws,
-the creation of categories of public establishments and enterprises,
-nationality, the state of persons and of obligations,
-the procedure before the different orders of jurisdictions,
-the determination of crimes and misdemeanors and the penalties which are applicable to them, as well as to penal infractions which are sanctioned by a penalty which deprives liberty,
-amnesty,
-the tax base, the tax rates and procedures of tax collection, save the delegation granted to the President of the Republic by the law of finance and the fiscal laws,
-the regime of issuance of currency,
-loans and financial commitments of the State,
-fundamental guarantees accorded to civilian and military functionaries. The law determines the fundamental principles:
-of the regime of property and of real rights;
-of education;
-of public health;
-of the right to work and of social security.
Article 35
The matters, other that those which are of the domain of the law, arise under the general regulatory power. The texts concerning these matters can be modified by decree on the advice of the Constitutional Council.
The President of the Republic may oppose the receivability of any Bill of law or amendment presented in the domain of the general regulatory power. The President of the Republic submits the question to the Constitutional Council, which decides within a maximum time period of ten days from the date of receiving it.
Article 36
The law approves the plan of development.
It authorizes the resources and expenditures of the State under the conditions specified by the organic law of the budget.
CHAPTER III
THE EXECUTIVE POWER
Article 37
The executive power is exercised by the President of the Republic assisted by a Government directed by a Prime Minister.
Section 1
The President of the Republic
Article 38
The President of the Republic is the Head of State. His religion is Islam.
Article 39
The President of the Republic is elected for five years by universal, free, direct and secret suffrage, and by the absolute majority of the votes cast, during the last thirty days of the presidential mandate. In the case where this majority is not obtained in the first round of the ballot, it proceeds on the second Sunday which follows the voting day to a second round. Only the two candidates having received the greatest number of votes in the first round, counting any withdrawals, the case arising, can be presented in the second round, and this, in accordance with the conditions specified by the electoral law.
In the case of the impossibility to proceed in a timely fashion, due to war or imminent peril, the Presidential mandate is prorogued by a law adopted by the Chamber of Deputies, and this, until such time when it will be possible to proceed with the elections.
The President of the Republic is re-eligible.
Article 40
Any Tunisian, exclusively enjoying Tunisian nationality, the Muslim religion, of Tunisian father, mother, and paternal and maternal grandparents, all remaining of Tunisian nationality without discontinuity, can be a candidate to the Presidency of the Republic.
In addition, the candidate must be, on the day of deposit of his candidature, of forty years of age at least and of seventy-five years at most and enjoy ail his civil and political rights.
The candidate is presented by a number of members of the Chamber of Deputies and of presidents of municipalities, conforming to the modalities and conditions specified in the electoral law.
The candidature is enrolled in a special register held by the Constitutional Council.
The Constitutional Council decides on the validity of the candidatures, pro- claims the results of the election and responds to questions submitted to it on this subject, in accordance with the provisions of the electoral law.
Article 41
The President of the Republic is the guarantor of the national independence, of the territorial integrity, and of respect of the Constitution and of the laws as well as the execution of the treaties. He sees to the regular functioning of the constitutional public powers and assures the continuity of the State.
The President of the Republic benefits from a jurisdictional immunity during the exercise of his functions. He also benefits from this jurisdictional immunity after the end of the exercise of his functions in that which concerns the acts he accomplished on the occasion of the exercise of his functions.
Article 42
The elected President of the Republic takes before the Chamber of Deputies and the Chamber of Councilors meeting in joint session, the following oath:
"I swear by God Almighty to safeguard the independence of the country and the integrity of its territory, to respect the Constitution of the country and its legislation, and to watch scrupulously over the interests of the Nation."
Article 43
The official seat of the Presidency of the Republic is established in Tunis and its environs. However, under exceptional circumstances, it can be transferred provisionally to any other location within the territory of the Republic.
Article 44
The President of the Republic is the Supreme Chief of the Armed Forces.
Article 45
The President of the Republic accredits the diplomatic representatives to foreign powers. The diplomatic representatives of foreign powers are accredited to him.
Article 46
In the case that imminent peril menaces the institutions of the Republic, the security and the independence of the country and obstructs the regular functioning of the public powers, the President of the Republic may take the exceptional measures necessitated by the circumstances, with the consultation of the Prime Minister, of the President of the Chamber of Deputies and of the President of the Chamber of Councilors.
He addresses a message to the people on this subject.
During this period, the President of the Republic may not dissolve the Chamber of Deputies, and a motion of censure against the Government may not be presented.
These measures cease to have effect as soon as the circumstances that engendered them have come to an end. The President of the Republic addresses a message to the Chamber of Deputies and to the Chamber of Councilors on this subject.
Article 47
The President of the Republic may submit directly to referendum the Bills of law having national importance or the questions concerning the vital interests of the country, provided these Bills and questions are not contrary to the Constitution.
When the referendum concludes with the adoption of the Bill, the President of the Republic promulgates it within a maximum time period of fifteen days counting from the date of proclamation of the results.
The electoral law establishes the modalities of holding the referendum and of the proclamation of the results.
Article 48
The President of the Republic concludes the treaties.
He declares war and concludes peace with the ratification of the Chamber of Deputies.
He has the power to exercise the right of pardon.
Article 49
The President of the Republic directs the general policy of the State, defining its fundamental options and informing the Chamber of Deputies.
The President of the Republic communicates with the Chamber of Deputies and the Chamber of Councilors, either directly, or by message which he addresses to it.
Article 50
The President of the Republic appoints the Prime Minister and, on proposal by him, the other members of the Government.
The President of the Republic presides over the Council of Ministers.
Article 51
The President of the Republic can terminate the functions of the Government or one of its members, on his own initiative or on the proposal of the Prime Minister.
Article 52
The President of the Republic promulgates the constitutional, organic and ordinary laws and assures their publication in the Journal Officiel de la Républic Tunisienne with a maximum time period of fifteen days counting from the transmission which is made to him by the President of the Chamber of Deputies or the President of the Chamber of Councilors according to the case.
The President of the Republic, during this time period, can return the Bills of law to the Chamber of Deputies for a second reading. If the Bill of law is adopted by the Chamber of Deputies with the majority of two-thirds of its members, the law is promulgated and published within a second maximum time period of fifteen days.
During the time period specified in paragraph 1 of this article, and on the advice of the Constitutional Council, the President of the Republic may return the Bill of law, or some of its articles after modification, to the Chamber of Deputies for a new deliberation. The amendments are adopted by the Chamber of Deputies on the basis of the majority specified in Article 28 of the Constitution. After this adoption, the Bill of law is promulgated and published within a maximum time period of fifteen days, counting from the date of its transmission to the President of the Republic.
Article 53
The President of the Republic sees to the execution of the laws, exercises the general regulatory power and may delegate part ofit to the Prime Minister.
Article 54
The Bills of law are deliberated in the Council of Ministers.
The decrees of regulatory character are countersigned by the Prime Minister and the member of the Government concerned.
Article 55
The President of the Republic appoints to the superior civil and military posi- tions, on the proposal of the Government.
The President of the Republic may delegate to the Prime Minister the power of appointment to certain of these positions.
Article 56
In case of provisional disability, the President of the Republic may delegate, by decree, his attributions to the Prime Minister, with the exclusion of the power of dissolution of the Chamber of Deputies.
During such provisional disability of the President of the Republic, the Government, even if it is the object of a motion of censure, remains in place until the end of that disability.
The President of the Republic informs the President of the Chamber of Deputies and the President of the Chamber of Councilors of the provisional delegation of his powers.
Article 57
In case of vacancy of the Presidency of the Republic because of death, of resignation, or of absolute disability, the Constitutional Council meets immediately and certifies the definitive vacancy by the absolute majority of its members. It addresses a declaration to that effect to the President of the Chamber of Councilors and to the President of the Chamber of Deputies who is immediately invested with the functions of the interim Presidency of the Republic for a variable period between forty-five days at least and sixty days at most. If the definitive vacancy coincides with the dissolution of the Chamber of Deputies, the President of the Chamber of Councilors is invested with the functions of the interim Presidency of the Republic for the same period.
The interim President of the Republic takes the constitutional oath before the Chamber of Deputies and the Chamber of Councilors meeting in joint session, and, if need be, before the two Bureaus of the two Chambers. If the definitive vacancy coincides with the dissolution of the Chamber of Deputies, the interim President of the Republic takes the constitutional oath before the Chamber of Councilors and, if need be, before its Bureau.
The interim President of the Republic cannot present his candidature to the
Presidency of the Republic even in case of resignation.
The interim President of the Republic exercises the attributions vested in the President of the Republic without, however, the power of recourse to the referendum, dismissing the Government, dissolving the Chamber of Deputies or taking the exceptional measures specified in Article 46.
In the course of the time period of the interim Presidency, neither modification of the Constitution nor motion of censure against the Government may proceed.
During the same period, the presidential elections are organized to elect a new
President of the Republic for a mandate of five years.
The new President of the Republic can dissolve the Chamber of Deputies and organize early legislative elections in accordance with the provisions of paragraph 2 of Article 63.
Section II
The Government
Article 58
The Government sees to the implementation of the general policy of the State, in accordance with the orientations and to the options defined by the President of the Republic.
Article 59
The Government is responsible for its management before the President.
Article 60
The Prime Minister directs and coordinates the action of the Government. He substitutes, the case arising, the President of the Republic, in the Presidency of the Council of Ministers and of any other Council.
Article 61
The members of the Government have access to the Chamber of Deputies and to the Chamber of Councilors, as well as to their commissions.
Any member of the Chamber of Deputies may address written or oral questions to the Government.
A periodic session is devoted to the oral questions of the members of the Chamber of Deputies and to the responses of the Government. The periodic session may also be devoted to a debate between the Chamber of Deputies and the Government, concerning sectoral policies. A session of the plenary assembly may, also, be devoted to the responses to the oral questions on current issues.
Article 62
The Chamber of Deputies can call into question the responsibility of the Government, by the vote of a motion of censure, if it is confirmed to the Chamber that it has not acted in accordance with the general policy of the State and the fundamental options specified by Articles 49 and 58.
The motion of censure is only receivable if it is substantiated and signed by at least one-third of the members of the Chamber of Deputies, the vote may only intervene forty-eight hours after the deposit of the motion of censure.
When a motion of censure is adopted with the absolute majority of the members of the Chamber of Deputies, the President of the Republic accepts the resignation of the Government presented by the Prime Minister.
Article 63
In the case of adoption by the Chamber of Deputies of second motion of censure with a majority of two-thirds during the same legislature, the President of the Republic may, either accept the resignation of the Government or dissolve the Chamber of Deputies.
The decree concerning dissolution of the Chamber of Deputies must include the convocation of the electors for new elections within a maximum time period of thirty days.
In the case of dissolution pronounced with the conditions of paragraph 1 of this article, the President of the Republic may take decree-laws which must then be submitted to the ratification of the Chamber of Deputies and of the Chamber of Councilors, as the case may be.
The newly-elected Chamber, meets of right within the eight days which follow the proclamation of the results of the ballot.
CHAPTER IV
THE JUDICIAL POWER
Article 64
Judgments are rendered in the name of the People and executed in the name of the President of the Republic.
Article 65
The judicial authority is independent; in the exercise of their functions, the magistrates are subject only to the authority of the law.
Article 66
The magistrates are appointed by decree of the President of the Republic on the proposal of the Superior Council of the Magistrature. The modalities of their recruitment are established by the law.
Article 67
The Superior Council of the Magistrature, of which the composition and attributions are established by the law, sees to the respect of the guarantees granted to the magistrates in matters of appointment, of promotion, of transfer and of discipline.
CHAPTER V THE HIGH COURT Article 68
The High Court is constituted in case of high treason committed by a member of the Government. The competence and the composition of the High Court, as well as the procedure applicable before it, are specified by the law.
CHAPTER VI
THE COUNCIL OF STATE
Article 69
The Council of State is composed of two organs:
1-The Administrative Tribunal,
2-The Court of Accounts
The law determines the organization of the Council of State and its two organs and establishes the competence and the procedures applicable before these organs.
CHAPTER VII
THE ECONOMIC AND SOCIAL COUNCIL
Article 70
The Economic and Social Council is a consultative organ in economic and social matters. Its composition and its relations with the Chamber of Deputies and the Chamber of Councilors are established by the law.
CHAPTER VIII
THE LOCAL COLLECTIVITIES
Article 71
The municipal councils, the regional councils and the structures to which the law confers the quality of local collectivity, manage local affairs with the conditions established by the law.
CHAPTER IX
THE CONSTITUTIONAL COUNCIL
Article 72
The Constitutional Council examines the Bills of law submitted to it by the President of the Republic concerning their conformity or their compatibility with the Constitution. The referral of the Constitutional Council is obligatory for the Bills of organic law, the Bills of law specified in Article 4 7 of the Constitution, as well as the Bills of law concerning the general modalities of application of the Constitution, to nationality, to the status of persons, to obligations, to the determination of crimes and misdemeanors and to the penalties applicable to them, to the procedures before the different orders of jurisdiction, to amnesty, as well as to the fundamental principles of the regime of property and of real rights, of education, of public health, of the right to work and of social security.
Similarly, the President of the Republic submits obligatorily to the Constitutional Council the treaties specified in Article 2 of the Constitution.
He may equally submit to it any questions concerning the organization and the functioning of the institutions.
The Constitutional Council decides on the recourses concerning the election of members of the Chamber of Deputies and the Chamber of Councilors. It con- trols the regularity of the operations of the referendum and proclaims the results. The electoral law establishes the procedures provided for this matter.
Article 73
The Bills of the President of the Republic are submitted to the Constitutional Council before their transmission to the Chamber of Deputies or their sub- mission to referendum.
The President of the Republic submits to the Constitutional Council, during the time period of promulgation and of publication specified in Article 52 of the Constitution, the modifications concerning the fundamentals made in the Bills of law adopted by the Chamber of Deputies and which have been previously submitted to the Constitutional Council in accordance with the provisions of this article. He informs the President of the Chamber of Deputies of it.
In this case, the above-mentioned time period is interrupted until the communication to the President of the Republic of the opinion of the Constitutional Council, without the interruption exceeding one month.
Article 74
The President of the Republic submits to the Constitutional Council, after adoption, the Bills of law proposed by the Deputies, within the time periods of promulgation and of publication specified in Article 52, in the cases where the referral of the Council is obligatory by virtue of Article 72. He informs the President of the Chamber of Deputies of it.
In this case, application is made of the provisions of the third paragraph of
Article 73.
The internal regulations of the Chamber of Deputies and the internal regulations of the Chamber of Councilors are submitted to the Constitutional Council before their entry into application and this to the end of examining their conformity or their compatibility with the Constitution.
Article 75
The opinion of the Constitutional Council must be substantiated. It is imposed on ail the public authorities unless it concerns the question specified in the third paragraph of Article 72 of the Constitution.
The President of the Republic transmits to the Chamber of Deputies and to the Chamber of Councilors the Bills of law examined by the Constitutional Council, in accordance with the provisions of the first paragraph of Article 73 of the Constitution, accompanied by a copy of the opinion of the Constitutional Council.
The President of the Republic transmits to the Chamber of Deputies a copy of the opinion of the Constitutional Council in the cases provided for in the second paragraph of Article 73 and the first paragraph of Article 74 of the Constitution.
The decisions of the Constitutional Council in electoral matters are definitive and are not susceptible to any recourse.
The Constitutional Council is composed of nine members having a confirmed competence, and this, independent of age, of which four, and including the president, are appointed by the President of the Republic, and two by the President of the Chamber of Deputies, and this, for a period of three years renewable twice, and three members are appointed in their capacity as: the First President of the Court of Cassation, the First President of the Administrative Tribunal and the First President of the Court of Accounts.
The members of the Constitutional Council may not exercise Governmental or parliamentary functions. They may no longer assume the functions of political or trade union responsibility, or activities susceptible to affect their neutrality or their independence. When necessary, the law specifies the other cases of incompatibility [non cumul].
In addition, the law specifies the guarantees which benefit the members of the Constitutional Council and which are necessary for the exercise of their functions, as well as the rules of functioning and the procedures of the Constitutional Council.
CHAPTER X
REVISION OF THE CONSTITUTION
Article 76
The initiative of revision of the Constitution belongs to the President of the Republic or to one-third at least of the members of the Chamber of Deputies, under reserve that it does not infringe on the republican form of the State.
The President of the Republic can submit the Bills of revision of the Constitution to referendum.
Article 77
The Chamber of Deputies deliberates on the proposed revision following a resolution taken with the absolute majority, after determination of the object of the revision and its examination by an ad hoc commission.
In case of non-recourse to referendum, the Bill of revision of the Constitution is adopted by the Chamber of Deputies by a majority of two-thirds of its members in the course of two readings, the second reading takes place at least three months after the first.
In case of recourse to referendum, the President of the Republic submits the Bill of revision of the Constitution to the people after its adoption by the Chamber of Deputies with the absolute majority of its members in the course of a sole reading.
Article 78
The President of the Republic promulgates, in the form of a Constitutional law, the law concerning revision of the Constitution adopted by the Chamber of Deputies, in accordance with Article 52 of the Constitution.
The President of the Republic promulgates, in the form of a Constitutional Law, the law concerning revision of the Constitution approved by the people, within a time period which does not exceed the fifteen days which follow the date of proclamation of the results of the referendum.
The electoral law establishes the modalities of the holding of the referendum and the proclamation of the results.
This law will be executed as the Constitution of the Tunisian Republic. Done at the Palais du Bardo on the 1 st June 1959 (25 doul kaâda 1378). President of the Tunisian Republic
HABIB BOURGUIBA