Law 2017 Ppt5
Law 2017 Ppt5
SOURCES OF
POSITIVE LAW
SUPRA LEGISLATIVE
SOURCES
1/ The Constitution
Fundamental text of the State. In Tunisia written Constitution.
Adopted with solemnity. Heavy revision process. Some elements
cannot be revised at all. Constitution organizes the different
branches of government and the principles of the relations between
the citizens and the state.
2/ International conventions
Article 20 International agreements approved and ratified by the
Assembly of the Representatives of the People have a status
superior to that of laws and inferior to that of the Constitution.
No primacy of international law over domestic law.
LEGISLATIVE SOURCES
All texts adopted by the legislative power.
1/ Organic laws: define the actions and organisation of public institutions
(absolute majority of members, art 64)
2/ ordinary laws
3/ Constitutional laws: revision of the Constitution (art. 144 « The Assembly
of the Representatives of the People shall study the proposed amendment
with a view to obtaining the approval of the absolute majority of the
members on the principle of amendment. The Constitution shall be amended
upon the approval of two-thirds of the members of the Assembly of the
Representatives of the People. After an amendment by two-thirds of the
members of the Assembly has been approved, the President may submit the
amendment to referendum in which case it will be adopted if it receives an
absolute majority of votes cast.”
All laws need to be signed by the President (art. 81)
INFRA-LEGISLATIVE
SOURCES
There are 4 of them:
1/ Law decrees (décrets-lois)
2/ Decrees (décrets)
3/ By-laws (arrêtés)
4/ Circulars (circulaires)
LAW DECREES
Legal texts that come from the President of the Republic and allow him
to intervene in the legislative domain for a limited time, on a specific topic
and for a specific reason.
These are exceptional measures.
Article 70
Individual by-law
CIRCULARS
These are internal documents within an administration. These are
instructions sent to the public officials from their hierarchy.