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1. Tunisia's New Constitutional Court

Author:
Duncan Pickard
Publication Date:
04-2015
Content Type:
Policy Brief
Abstract:
January 2014 became a milestone of Arab democracy when Tunisia adopted the first democratic Arab constitution drafted outside the influence of the military or a foreign power. In "Tunisia's New Constitutional Court," Duncan Pickard, a Nonresident Fellow at the Atlantic Council's Rafik Hariri Center for the Middle East, takes up the next step for the country's democracy: developing a functioning Constitutional Court. He introduces the court's structures, outlines the various challenges that the new parliament will face in drafting a law to officially establish the court, and details policy options for the United States and Europe to support Tunisia's nascent democracy.
Topic:
Democratization, Politics, Governance, and Reform
Political Geography:
Arab Countries and Tunisia

2. Negotiating Libya's Constitution

Author:
Duncan Pickard and Karim Mezran
Publication Date:
01-2014
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
Among the many problems facing Libya's troubled transition to democracy is the challenge of constructing a state in a country with a legacy of weak institutions. Muammar al-Qaddafi's brutal forty-two-year dictatorship employed a policy of de-institutionalization, leaving the presence of the state feeble throughout the country. Those organs that were powerful, including the secret security apparatus, lost their leader with Qaddafi's fall in 2011, leaving a power vacuum that nonstate actors have scrambled to fill. Some of the most influential political groups in Libya today are militias formed during and after the revolution. Although some are loosely affiliated with the ministries of interior or defense, most, if not all, do not demonstrate any particular loyalty to the government. Militias have kidnapped the prime minister (the militia responsible called it an “arrest”), assassinated judges and police officers, physically occupied the office of the justice minister, and engaged in an urban battle in Tripoli. They also seek to advance their political interests—which vary, but include influence over officials, rent seeking, and some Islamist agendas—with threats against ministries or officials. And yet the state relies on militias to provide essential security services such as running checkpoints and protecting the airport because no ministry force is up to the task. The ascendancy of these militias points to two troubling realities: the state lacks a monopoly over the use of force and the country faces an ongoing deterioration of the rule of law.
Topic:
Security, Democratization, and Reform
Political Geography:
Libya and North Africa

3. Electoral Politics Under Tunisia's New Constitution

Author:
Duncan Pickard
Publication Date:
07-2013
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
Tunisians are waiting for a new constitution to cement a democratic order after decades of dictatorship. The constitution-making process has dominated politics since the January 2011 revolution; what can be expected when the constitution is complete? How will presidential and parliamentary elections proceed under this new constitution, expected early next year? Although the constitution will initiate a form of legal stability, party politics and new institutional arrangements could converge to complicate decision-making and obscure consensus.
Topic:
Democratization, Regime Change, and Governance
Political Geography:
North Africa

4. Lessons from Constitution-Making in Tunisia

Author:
Duncan Pickard
Publication Date:
12-2012
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
Since October 2011, the National Constituent Assembly of Tunisia has been negotiating and drafting the republic's new constitution, which is intended to institutionalize a new democratic system in the aftermath of the revolution that toppled the dictatorship in January. While the Assembly is still several months away from completing its work and some major issues, notably the system of government, have yet to be resolved, some important lessons have nonetheless emerged that might prove useful for other constitution-making processes worldwide, especially in neighboring Libya.
Topic:
Democratization, Government, and Reform
Political Geography:
Libya, North Africa, and Tunisia

5. Tunisia's National Constituent Assembly: Current Politics and Next Steps

Author:
Duncan Pickard
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
The paper is intended for all policy analysts interested in Tunisia, but it could be especially helpful for members of the NCA and the legal advisory committee, chaired by Yadh Ben Achour, that was recently established to advise the NCA on constitutional law and drafting procedure. The National Constituent Assembly of Tunisia (NCA) will act as the constitutional convention and transitional legislature of Tunisia and was elected on 23 October 2011.1 Decree No. 582, released on 20 May 2011, extends a one-year mandate to the NCA to write a new constitution for the republic. This commitment was also reflected in a September 18 agreement signed by Tunisia's largest political parties. Drawing from recent cases and academic literature, this paper explores key procedural questions that will confront the NCA in its first month in office.
Topic:
Democratization, Politics, and Treaties and Agreements
Political Geography:
Arabia, North Africa, and Tunisia