Le rôle de l'instance provisoire de contrôle de la constitutionnalité des projets de loi en période de transition

Abstract

On the 27th of January 2014, Tunisia adopted a new Constitution, the drafting process of which remains unique in a country emerging from two successive dictatorships, one described as "enlightened" and the other as "responsible". The new "Political-Social Contract" has enshrined principles that are now universal (freedom, equality, justice, fair trial, etc.), as well as many 2nd and even 3rd generation human rights (right to water, health, a healthy environment, etc.) that no amendment can call into question (art. 49 of the same text). In order to strengthen the operational value of these principles, a court in charge of controling the conformity of future laws with the Constitution, called the "Constitutional Court" has also been created. However, pending the establishment of the country's first Constitutional Court, the new Constitution provides for the creation of an "interim body responsible for reviewing the constitutionality of draft laws", the term of which has been scheduled, since it is intended to cease to its contribution to the constitutionality review in Tunisia, through the examination of the missions for which it has been entrusted and the case law it has produced in 4 years of existence (2014-2018), from which we deduce both the usefulness and even the necessity of its existence during this period of transition to democracy, as well as the relevance of its interventions, however controversial they may have been, in the perspective of the advent of the Constitutional Court, of which it has been constitutionally designated as the predecessor.

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