
How different are the new constitutions of Tunisia and Egypt?
Saturday, February 08, 2014
How different are the new constitutions of Tunisia and Egypt?
The two countries transformed first by the Arab Spring now
have new constitutions. The two countries are similar in many ways. Yet, the
processes of producing their respective constitutions and the substance of each
document point to the forces that made these legal documents similar in some
areas and different in others. In both cases, it took more than two years to
reach this point, underscoring the difficulty the drafters of the two documents
have faced.
Notably, the Tunisian constitution was drafted by an elected body
(Constitutional Assembly), whereas the current version of the Egyptian constitution was “edited” by an appointed
committee after the deposition of the post-revolution (elected) president
Mohamed Morsi. The Egyptian constitution, however, was endorsed by Egyptian
voters, while the Tunisian constitution was adopted once it was endorsed by the
majority of the members of the Constitutional Assembly.