Tunisia gained independence from France on 20 March 1956, and the Constitution of Tunisia was adopted and promulgated on 1 June 1959. Since then, the Constitution has been amended on 12 July 1988, 29 June 1999, 1 June 2002, 13 May 2003, and 28 July 2008. The Constitution declares Tunisia to be a sovereign Republic. It not only sets forth the manner of government (a three branch presidential parliamentary system), but also guarantees certain rights to the people.
- While no specific provision in the Constitution addresses intellectual property, Article 14 protects private property: “The right of ownership is guaranteed. It is exercised within the limits provided for by the law.”
- See also Article 9, concerning undisclosed information: “The inviolability of the home, the confidentiality of correspondence and the protection of personal data shall be guaranteed, save in exceptional cases prescribed by law.”
- According to Articles 34-35, law is necessary to set the basic principles for property and other specified subjects whereas other unspecified subjects come under the general regulatory power and can be modified by decree.
Available Texts:
Arabic
دستور الجمهورية التونسية، 1959
English
The Constitution of Tunisia, 1959
French
La Constitution de la République Tunisienne, 1959
(Version with Automatic Translation Tool)
- While no specific provision in the Constitution addresses intellectual property, Article 14 protects private property: “The right of ownership is guaranteed. It is exercised within the limits provided for by the law.”
- See also Article 9, concerning undisclosed information: “The inviolability of the home, the confidentiality of correspondence and the protection of personal data shall be guaranteed, save in exceptional cases prescribed by law.”
- According to Articles 34-35, law is necessary to set the basic principles for property and other specified subjects whereas other unspecified subjects come under the general regulatory power and can be modified by decree.