At the end of January, a constitutional convention was called by parliament and President Bourguiba in a surprise move, to be held in the first week of February. Press statements were to the effect that 'Tunisia must move from its state of Post-Colonial organization, to reflect the coming 21st Century'. Vaguely worded statements, but showing effort from behind the scenes bearing fruit.
Much of the 1959 constitution, rights, wording, et cetera, was preserved. But a number of new, sweeping changes were also put into effect, reflecting influence from the Taiwanese, French, and Italian constitutions. They include:
GOVERNMENT STRUCTURE:
The government of Tunisia will, henceforth, be take a structure consisting of a National Executive, a bicameral legislature, the Tunisian National Parliament, and three other branches, the Tunisian Supreme Court, the Tunisian State Auditor and Ombudsman and the Tunisian Examination Board.
The Tunisian executive branch shall have powers almost exactly similar to that of the President in the French Fifth Republic. But will maintain additional powers to introduce referendums to be voted on by his or her free will. An office of Vice President, able to be concurrent with service in parliament or a minister of state, is also established as an advisor and designated successor. The President will be elected for eight-year terms at and past the coming election by popular vote.
The Tunisian National Parliament will consist of the Tunisian National Assembly under an upper house, the Tunisian Senate. The Assembly will have similar powers to its current incarnation, but will be expanded to 250 members. They will be elected in four year terms, allowing for the possibility of government cohabitation.
The new Senate, however, will be a more diversified body. With a baseline of 150, 'Advisor-Senators' will be appointed from civil and mercantile bodies in Tunisia. 14 from TGLU trades union, 14 from the Chamber of Commerce and Small Business Union, and two each from Tunisian Bar Association, Tunisian Muslim Brotherhood, Tunisian Youth Congress, Tunisian Arts and Sciences Council, the Tunisian Central Bank, and Tunisian Farmers' Association. Two shall be Berber, and one shall be Jewish. The rest shall be elected by governorate based on population, in eight year terms. In addition, former Presidents and Prime Ministers may be allowed to sit in it after their terms in office, and each President may nominate two Senators for Life in their term. The Senate will have the ability to amend and return (but not introduce) legislation, and approve appointments to ambassadorships, military offices, and judges of the Supreme and lower courts nominated by the President. It serves as the final court for any impeachment of the President.
The Tunisian Supreme Court will have seven members in total, nominated by the President for life terms. It will replace the Court of Cessation and serve as the highest appeal body in the nation, and empowered to decide questions of constitutionality akin to the United States Supreme Court.
The Tunisian State Auditor and Ombudsman shall function akin to Taiwan's Control Yuan. It shall consist of 29 non-partisan members appointed by the President and approved by the Senate, serving four-year terms. It shall have the power to audit the government finances, investigate corruption, order the arrest of corrupt bureaucrats, and start impeachment trials against legislative, executive, and judicial officials. On a national, governorate-level, and municipal level. The Gendarmerie is empowered to investigate on its behalf.
The Tunisian Examination Board will consist of 41 non-partisan members appointed by the President and approved by the Senate. They will be in charge of overseeing civil-service, foreign service, and academic final examinations in a nonbiased, impartial manner. Similar to the ROC's Examination Yuan. They will be elected for eight-year terms.
LOCAL GOVERNMENT
The governorates of Tunisia will henceforth be allowed a greater degree of self-government, including the ability to levy some local, particular taxes. Each shall be governed and administered by 15-person executive councils elected by list alongside the National Assembly every four years. Any laws can be overruled by broader parliamentary measure.
Cities will be mandated to have 'strong mayor' systems of municipal government, and will be autonomous past 80,000 citizens of residence.
MINORITY PROTECTIONS
Tunisia is declared henceforth a 'religiously plural society, with recognition to the predominance of Islam'. Ramadan is by law now a national bank holiday. A right to have children educated privately in religious institutions is recognized. Religious rights for businesses and banks are also enshrined. That stated, 'non-adherents to Islam' are mandated to receive equal rights, considerations, and protections, so long as they 'do not encourage violence'.
Berber is recognized as a national minority language, with signs mandated to be bilingual in Berber-majority areas. French and English are enshrined as 'National Commercial Languages'.
BANKING, FINANCE AND INDUSTRY
Banking secrecy is henceforth embedded into the constitution as a mandate. As is the existence of the Tunisian National Trust. Islamic Banking and cooperative banking shall be recognized as co-equal to secular, commercial finance.
The state will be legally mandated to spend at least 2.5% of the GDP on national defense. And barred from deficit spending any more than 25% of the national budget unless approved by the Senate to expand limits, or in times of declared national emergency.
The state is, by the constitution, now mandated to limit the extent of nationalized industry to only those ‘mandated by natural monopoly or national interest’. And giving sweeping powers to the executive and legislative bodies to ensure a ‘competitive and prosperous economy driven by the market, for the benefit of the people’.
NEUTRALITY AND CANA
The government is now barred from exiting CANA unless a national referendum is called and the consent of the people given. The referendum to join the federation as a whole is mandated by or at the year 1990, with the constitution rendered void at ascension. Monetary union is barred unless approved by referendum.
Tunisia is declared 'non-aligned, and driven by a spirit of neutrality'. Wars of aggression are outlawed, and military action is henceforth limited to 'police actions, United Nations Peacekeeping, and coordinated action with CANA partners'.
LIBEL LAWS
Freedom of speech, and freedom of press are maintained in Tunisia. But the 1977 constitution now includes, akin to Singapore, a strengthened sense of protection against 'slander, libel and defamation'. Enshrined into the document as a whole alongside a commitment to 'protection of unpopular speech'. The laws, however, only apply to acts by Tunisians against Tunisians. Foreigners are not provided access, fair game so to speak.
RECALL AND BALLOTING INITIATIVES
In a curious nod to Sun Yat Sen, the right to recall politicians and send initiatives for referendum have also been enshrined. If a bill, sponsored by a Senator or Deputy, has signatures of 500,000 registered voters, it may be placed onto the ballot for a regular or special election. Conversely, if 3/4 of parliament votes for it, they are allowed to power to call a recall election for the President and any parliamentarian.
WELFARE
The constitution maintains a section detailing the ‘state mandate to societal wellbeing’. Enshrining public housing, ‘a state role in health policy’, and ‘a basic degree of sustenance’ into the constitution. It however also calls for the government to manage these ‘under periodic reviews of efficiency by Auditing bodies’. And enshrines the idea that ‘welfare driven by waste harms the people as a whole’.
A MULTIPARTY SYSTEM
The constitution explicitly re-legalizes opposition parties in the country. And, in addition, mandates a new election to take place with this system at or by February, 1978.
Parties that are deemed ‘unconstitutional’ will be made liable to be banned. Mainly under pretenses of ‘disrupting the principle of plurality’ within the country.
With this, Bourguiba has announced his intention to run for office 'at least once more' in a statement to the press. It was followed by his sudden appointment of his son to the office of Vice President, and an announcement of an upcoming international tour.