مؤسسة الشرق الأوسط للنشر العلمي
عادةً ما يتم الرد في غضون خمس دقائق
Abstract
This paper reflects a number of concerns. The first one is to identify an increasingly important issue that I call: The Abusive Constitutional Interpretation as a tactic of the phenomenon of “Abusive Constitutionalism” to consolidate power. In fact, a rash of incidents in a diverse group of Arab countries, such as Tunisia, has shown that the tools of constitutional interpretation by the fundamental actors in the process of interpretation can be used to undermine democracy with relative ease. This question arises more precisely after the last events in the Arab world when Tunisian President Kais Saied, has decided to freeze parliament for at least a month, remove the immunity of parliamentarians, sack the prime minister, and take control of the security forces. The president Saied considers these actions legitimate according to his interpretation of Article 80 of the 2014 Constitution. So, then he took both the executive and legislative powers, both for himself, which means that power is now very centralized. After this crisis which has been developing since the summer of 2020, the events of July 25 were the last resort for Saied to reach his objective to assume complete control of the country. The paper asks how the use of a constitution itself and its interpretation can erode the democratic order. This reading involves the use of the constitutional text and its interpretation by diverting the proper meaning of the constitution. The idea here is to use the legal form and constitutional tools as a tactic by replying on the constitution itself to impose an abusive political intervention