Tunisia's New Constitution: The Benchmark of Transitional Success for Post-Revolutionary African States

Africa Law Today, Issue 1, 2014

8 Pages Posted: 12 May 2014

See all articles by Marshal Mapondera

Marshal Mapondera

Mutamangira and Associates - Clairwood Chambers

Date Written: March 17, 2014

Abstract

This paper provides a brief critical review of Tunisia’s new constitution, in an attempt to expose democratic constitutional reforms from the old order. Tunisia is the trailblazer of the revolutionary trend of civilian protests in the Middle East and North African (MENA) region. Through the recently promulgated constitution, she sets a standard of a successful democratic transition despite the violent foundations of the revolution. Though constitution-making is indispensable for change it has proven vulnerable to manipulation and corruption especially within a revolutionary environment. Does a constitution created within a revolutionary environment effectively fulfill the wishes of the citizens and secure their future? Post-1990 constitutional reforms in Africa have been due to an increasing call for more participatory and democratic governance, especially within the last decade. The scope of this article will therefore be limited to a basic analysis of the Tunisian transitional process, and merits of the 2014 Constitution in light of contemporary trends. Egypt’s draft will be compared as a ‘revolutionary comrade’ that is struggling to regain political order since its violent reformation in 2011, whilst Zimbabwe’s long constitutional experience provides useful insight. A constitution is not the entire answer to a nation's governance challenges and each constitution is specifically created to address a peculiar background. Sustainable peace and development however, is dependent on justice which has to be provided for through unity of purpose. I hope to unearth the necessary ingredients for effective post-revolutionary constitutional order for current African states in transition.

Keywords: Participatory constitutionalism; democracy; political revolution; post conflict reconstruction; inclusive governance; constitutional reforms

Suggested Citation

Mapondera, Marshal, Tunisia's New Constitution: The Benchmark of Transitional Success for Post-Revolutionary African States (March 17, 2014). Africa Law Today, Issue 1, 2014, Available at SSRN: https://ssrn.com/abstract=2434510

Marshal Mapondera (Contact Author)

Mutamangira and Associates - Clairwood Chambers ( email )

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