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PARLIAMENTARY FORUM FOR DEMOCRACY NEWS
All laws find their fundamental basis in the constitution.( see the tree picture 1). But be aware there might always be a kind of tension between the different aspects of freedom that are guaranteed. As an example in the old constitution( art 5).“ freedom of conscience, the free practice of religious beliefs provided this does not disturb public order”. So let me put forward some of the questions: 1-Who has the right and the authority to judge whether a proposed new law is in line with the constitution? 2-If someone or a substantial minority in parliament do not agree, is it right just to enforce the law without further discussion? 3-Who is in charge when there is tension between fundamental rights or when one right seems to be in conflict with another fundamental right? So I do approach very carefully the question that is in the mind of everyone who is following with great interest what is going on in Tunisia, and much more so since the first real clashes in two Tunisian cities on May 20, apparently between the Ennahda party and the Ansar al sharia movement. Salafists, many of whom were jailed under the authoritarian rule of former President Ben Ali, accused some of you“ of failure to anchor sharia law in the constitution”( quotes from Reuters) So: How much power will be given to the chosen representatives to the MP ‟ s and the government and how much of the interpretation and explanation of the constitution will be claimed by the religious authorities. How will you cope with an ideal like the freedom of thought and the right to be critical while a crowd is shouting they are the majority or some leaders do not want not to be criticized. Who will guarantee the real freedom of a minority, religious or ethnic, in Tunisia?. So let ‟ s put the most important question on the table who has the authority to explain, to interpret, and to enforce the constitution and the laws. Will Tunisia be a democracy with a government based on election results and one where the elected MP are accountable and can be replaced in new elections when the people so choose; or will the new Tunisia be slowly moving toward a kind of semi-theocracy were some laws will be formulated by the Salafists and the implementation will be directed by the religious leadership only.