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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 .