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8 Middle E. L. & Governance 1 (2016)

handle is hein.journals/measterna8 and id is 1 raw text is: 
                                                                    MIDDLE EAST
            MIDDLE   EAST LAW  AND GOVERNANCE 8 (2016) 1-31           LAWAND
                                                                     INTERDISCIPUNAY
                                                                   GOVERNANCE
                                                                         JOURNAL
BRILL                                                              brillcom/melg



The Question of Education in the 2014 Tunisian

Constitution: Article 39 and its Ambiguous Values


        Oren Fliegelman
     Princeton University
        onf@princeton.edu



        Abstract


Despite Tunisia's remarkable transition from dictatorship to democracy following
the Tunisian Revolution, only a few of the hotly debated articles in the country's new
constitution have been analyzed by scholars. This article examines one of those under-
analyzed constitutional provisions: Article 39, on education, whose language on reli-
gious and national values was repeatedly contested throughout the two-year drafting
process. Using internal National Constituent Assembly documents and delegate vot-
ing records, the article explains how the education article transformed dramati-
cally throughout drafting, ending in a controversial last-minute compromise accepted
on the final day of voting. It provides insight on the broader constitution, which has
been criticized for inconsistency, by showing how opposing interests largely amended
the article's language into ambiguity. It also shows that the NCA can be used as a
model  for exploring the convoluting impact quick votes in a constitution-making
body's plenary assembly  can have on  work produced  by  the body's specialized
committees.



        Keywords


Tunisia - Tunisian constitution - education - constitution-making - Islamism - Arab
Spring



i  Department of Politics, Princeton University. I would like to thank Dr. Mirjam Kiinkler for
   her insightful comments. They were invaluable, especially in helping expand the article's
   scope.


©  KONINKLIJKE BRILL NV, LEIDEN, 2016  DOI 10.1163/18763375-00801002

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