突尼斯共和国宪法.pdf

The Constitution of Tunisia In the Name of the people, We, Habib Bourguiba, President of the Republic of Tunisia , Considering the decree of December 29, 1955 (14 Djoumada I 1375) establishing the Constituent National Assembly; Considering the decision of the Constituent National Assembly of July 25, 1957 (26 Dhoul-hidja 1376); and With the approval of the Constituent National Assembly; Promulgate the following Constitution of the Republic of Tunisia , the content of which is as follows : Preamble In the name of God, the Merciful, the Compassionate We, the representatives of the Tunisian people, meeting as members of the Constituent National Assembly, proclaim the will of this people, who freed themselves from foreign domination thanks to their strong cohesion and their fight 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 human dignity, justice and liberty and who are striving for peace, progress and free cooperation among nations; • to remain faithful to the teachings of Islam, to the unity of the Greater Maghreb, to its membership of the Arab community, and to cooperation with the 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 system based on separation of powers. We proclaim that the republican regime constitutes : • the best guarantee for the respect of human rights, for the establishment of equality among citizens in terms of rights and duties, and for the achievement of the country's prosperity through economic development and use of the nation's riches for the benefit of the people; • the most effective way of protecting the family and ensuring the citizens' right to work, health care and education. We, the representatives of the free and sovereign Tunisian people, do, by the grace of God, proclaim this Constitution. The Constitution of the Republic of Tunisia CHAPTER ONE General Provisions Article 1 Tunisia is a free, independent and sovereign state. Its religion is Islam, its language is Arabic and its type of government is the Republic. Article 2 The Republic of Tunisia is a part of the Great Arab Maghreb, an entity which it endeavors to unify within the framework of mutual interests. Treaties signed to this end which might cause any modification in this Constitution shall be submitted to referendum by the President of the Republic following their adoption by the Chamber of Deputies in the forms and according to the terms 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 Republic of Tunisia is red, and, according to the terms defined by law, bears in its midst a white circle in which is inscribed a five-pointed red star surrounded by a red crescent. The motto of the republic is: Freedom, Order, Justice. Article 5 The Republic of Tunisia shall guarantee fundamental freedoms and human rights in their universality, comprehensiveness, complementarity and interdependence. The Republic of Tunisia shall be founded upon the principles of the rule of law and pluralism and shall strive to promote human dignity and to develop the human personality. The state and society shall strive to entrench the values of solidarity, mutual assistance and tolerance among individuals, social categories and generations. The Republic of Tunisia shall guarantee the inviolability of the human person and freedom of conscience, and defends the free practice of religious beliefs provided this does not disturb public order. Article 6 All citizens have the same rights and obligations. All are equal before the law. Article 7 Citizens exercise all their rights in the forms and according to the terms provided for by law. The exercise of these rights can be limited only by laws enacted to protect the rights of others, the respect of public order, national defense, the development of the economy and social progress. Article 8 Freedom of opinion, expression, the press, publication, assembly and association are guaranteed and exercised according to the terms defined by the law. The right to organize in trade unions is guaranteed. Political parties contribute to supervising citizens, in order to organize their participation in political life, and they should be established on democratic foundations. Political parties must respect the sovereignty of the people, the values of the republic, human rights, and the principles pertaining to personal status. Political parties pledge to prohibit all forms of violence, fanaticism, racism and discrimination. No political party may take religion, language, race, sex or region as the foundation for its principles, objectives, activity or programs. It is prohibited for any part。