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| Tunisian Constitution of 1861 | |
|---|---|
| Created | 26 April 1861 |
| Ratified | 26 April 1861 |
| Date effective | 30 April 1861 |
| Location | Tunisia |
| Purpose | To replace the Tunisian fundamental Pact of 1857 |
The Tunisian Constitution of 1861 came into force on 26 April 1861. It succeeded the Fundamental Pact granted on 10 September 1857 by the sovereign Muhammad II ibn al-Husayn.
The text, submitted on 17 September 1860 by Muhammad III as-Sadiq, successor of Muhammad II ibn al-Husayn, to Emperor Napoleon III in Algiers, [1] contains a total of 114 articles. It establishes a sharing of power, between an executive power composed of the bey and a Prime Minister, a legislative power with important prerogatives — entrusted to an oligarchic-type Supreme Council — and an independent judicial power. Guardian of the Constitution, the legislative power endowed with sovereign authority can depose the bey in the event of unconstitutional acts, thus favoring the participation of elites in the management of affairs2. In addition, the sovereign is no longer free to dispose of the resources of the State and must receive a civil list of 1,200,000 piastres while the princes of his family receive pensions provided for in the text.
Khalifa Chater notes, however, that the issues of national representation and election are forgotten; Ahmad ibn Abi Diyaf notes that the list of notables designated as members of the Supreme Council is formed almost exclusively of personalities born abroad, thus consecrating the monopoly of the Mamluks on political life.
Also this Constitution is poorly received by a part of the population because, in addition to giving more power to the Mamluks, it leads to other unpopular measures such as general conscription, the creation of new courts and concessions made to foreigners in matters of property law. The increase in public spending generated by the new institutions and numerous public works led to an increase in the mejba in September 1863 — extending it to several cities, civil servants, the military and previously exempted ulama — then to an insurrection led by Ali Ben Ghedhahem from April 1864, the crisis being aggravated by embezzlement and the deterioration of economic conditions. The Constitution was then suspended from the first days of the revolt, which was finally repressed.
She subsequently retained a symbolic power by becoming the reference of the Tunisian national movement, in the fight against the French protectorate, particularly within the Destour whose first demand was its restoration with however certain developments, the most notable being the election of 60 of the 70 members of the Supreme Council. The Neo Destour was not left behind in displaying its desire to establish "a democratic government from the people and enjoying the confidence of the Tunisian masses".
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Muhammad III as-Sadiq commonly known as Sadok Bey, was the Husainid Bey of Tunis from 1859 until his death. Invested as Bey al-Mahalla on 10 June 1855, he succeeded his brother Muhammad II ibn al-Husayn on 23 September 1859. Named as divisional General in the Imperial Ottoman Army on 10 June 1855, he was promoted to the rank of Marshal on 10 December 1859.
Muhammad V an-Nasir, commonly known as Naceur Bey was the son of Muhammad II ibn al-Husayn and the fifteenth Husainid Bey of Tunis, ruling from 1906 until his death. He was named Divisional General of the Beylical army when he became Bey al-Mahalla on 11 June 1902, and assumed the rank of Marshal when he succeeded Muhammad IV al-Hadi on 11 May 1906.
Muhammad VIII al-Amin commonly known as Lamine Bey, was the last Bey of Tunis, and also the only King of Tunisia.
Ali III ibn al-Husayn commonly known as Ali III Bey was the Husainid Bey of Tunis from 1882 until his death. He was the first ruler under the French protectorate.
Ahmad II, commonly known as Ahmed II Bey, was the ruler of Tunisia from 11 February 1929 until his death. He was the son of Ali Muddat ibn al-Husayn.
The Beylik of Tunis was a de facto independent state located in present-day Tunisia, formally part of the Ottoman Empire. It was ruled by the Husainid dynasty from 1705 until the establishment of the French protectorate of Tunisia in 1881. The term beylik refers to the monarch, who was called the Bey of Tunis. Under the protectorate, the institution of the Beylik was retained nominally, with the Husainids remaining as largely symbolic sovereigns.
The Husainid dynasty or Husaynid dynasty was a ruling Turkish dynasty of the Beylik of Tunis. The dynasty was of Greek origin from the island of Crete. It came to power under al-Husayn I ibn Ali in 1705, succeeding the Muradid dynasty. After taking power, the Husainids ruled as Beys and ruled Tunisia until 1957.
Al-Husayn I ibn Ali, also known as Hussein I was the founder of the Husainid Dynasty, which ruled Tunisia until the abolition of the monarchy in 1957.
The Constitution of Tunisia is the supreme law of the Tunisian Republic. The constitution is the framework for the organization of the Tunisian government and for the relationship of the federal government with the governorates, citizens, and all people within Tunisia. Tunisia's first modern constitution was the Fundamental Pact of 1857. This was followed by the Constitution of 1861, which was not replaced until after the departure of French administrators in 1956, by the constitution of 1959. It was adopted on 1 June 1959 and amended in 1999 and 2002, after the Tunisian constitutional referendum of 2002.
In its modern history, Tunisia is a sovereign republic, officially called the Republic of Tunisia. Tunisia has over ten million citizens, almost all of Arab-Berber descent. The Mediterranean Sea is to the north and east, Libya to the southeast, and Algeria to the west. Tunis is the capital and the largest city ; it is located near the ancient site of the city of Carthage.
The history of Tunisia under French rule began in 1881 with the establishment of the French protectorate and ended in 1956 with Tunisian independence. The French presence in Tunisia came five decades after their occupation of neighboring Algeria. Both of these lands had been associated with the Ottoman Empire for three centuries, yet each had long since attained political autonomy. Before the French arrived, the Bey of Tunisia had begun a process of modern reforms, but financial difficulties mounted, resulting in debt. A commission of European creditors then took over the finances. After the French conquest of Tunisia the French government assumed Tunisia's international obligations. Major developments and improvements were undertaken by the French in several areas, including transport and infrastructure, industry, the financial system, public health, administration, and education. Although these developments were welcome, nonetheless French businesses and citizens were clearly being favored over Tunisians. Their ancient national sense was early expressed in speech and in print; and then political organization occurred. The independence movement was already active before World War I, and continued to gain strength against mixed French opposition. Its ultimate aim was achieved in 1956.
Ahmad ibn Abi Diyaf, known colloquially as Bin Diyaf, was the author of a chronicle of Tunisian history. He was also a long-time and trusted official in the Beylical government of Tunisia. His multi-volume history, while it begins with the 7th-century arrival of the Arabs, devotes the most attention to details of the Husainid dynasty (1705–1957), during the 18th and 19th centuries. His writing is informed by his experience as chancellery secretary during the reigns of five Beys in succession. Bin Diyaf himself eventually favored the reform view, which was current then in Tunisian politics. His letter in reply to questions about Tunisian women has also attracted the interest of scholars of history.
Hayreddin Pasha was an Ottoman-Tunisian statesman and reformer, who was born to a Abkhazians family. First serving as Prime Minister of the Beylik of Tunis, he later achieved the high post of Grand Vizier of the Ottoman Empire, serving from 4 December 1878 until 29 July 1879.
Mahmud Qabadu (1812–1872) of Tunisia, also Muhammad Qabadu, was a scholar of Quranic studies, a progressive member of the ulama, a long-time professor at the Zaytuna mosque academy, and a poet. Shaykh Mahmūd Qabādū served as a qadi to the chief judge and latter as mufti in Tunis.
The Kingdom of Tunisia was a short-lived country established as a monarchy on 20 March 1956 after Tunisian independence and the end of the French protectorate period. It lasted for a period of one year and five months between 20 March 1956, the day of the independence, until 25 July 1957, the day of the declaration of the republic. Its sole monarch, titled Bey of Tunis, was Muhammad VIII al-Amin who appointed the prime ministers Tahar Ben Ammar and Habib Bourguiba.
The Revolutions of Tunis or the Muradid War of Succession was a period of troubles and civil wars in Ottoman Tunisia. It ran from the death of the Muradid sovereign Murad II Bey in 1675 until the seizure of power by the Husainid sovereign Al-Husayn I ibn Ali at-Turki in 1705. The belligerents were Ali Bey al-Muradi and Muhammad Bey al-Muradi, their uncle Muhammad al-Hafsi al-Muradi, several Deys of Tunis, the Turkish militia in Tunis and the Dey of Algiers.
Ibrahim Sharif was Bey of Tunis from 1702 to 1705, during the revolutions of Tunis, a period of crisis which brought an end to the Muradid dynasty and preceded the rise to power of Husayn I Bey.
The Conventions of La Marsa supplementing the Treaty of Bardo were signed by the Bey of Tunis Ali III ibn al-Husayn and the French Resident General Paul Cambon in the Dar al-Taj Palace on 8 June 1883. They provided for France to repay Tunisia's international debt so it could abolish the International Debt Commission and thereby remove any obstacles to a French protectorate in Tunisia. It was in the Conventions of La Marsa that the term 'protectorate' was first employed to describe the relationship between France and the Regency of Tunis. As the first protectorate to be established, Tunisia provided a working model for later French interventions in Morocco and Syria.
The Tunisian fundamental Pact of 1857, envisaged as early as 1856, is a declaration of the rights of the subjects of the Bey of Tunis and of all the inhabitants living in the Beylicat of Tunis promulgated by Muhammad II ibn al-Husayn on 10 September 1857. This pact brought revolutionary reforms: it proclaimed that all the inhabitants of the regency were equal before the law and before taxes, established freedom of worship and trade and above all gave foreigners the right to access property and exercise all professions. This pact de facto abolished the status of dhimmi for non-Muslims. The pact was translated into Hebrew language in 1862 and was then the first non-religious document to be translated into this language in Tunisia. Among the people who contributed to this project, we can name Mardochée Tapia, Moïse Samama and Elie El Malikh.
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