opportunity to know the content of the text with a view to express their will
by either accepting or rejecting same. She further submits that the 2014
Constitution was drawn up, and its provisions crafted, without the approval
of the people, seeing as the people took cognisance of its provisions only
after it had been promulgated.
60. The Applicant contends that the 1959 Constitution, which should have
governed the transfer of power and the holding of a referendum in the event
of a constitutional amendment was shelved, notwithstanding that the said
Constitution is the one that all Tunisians adopted in the 1959 referendum.
She further submits that since then, the Tunisian people have been unable
to act, since their right to self-determination has been illegally confiscated
by the political class.
*
61. In reply, the Respondent State submits that the 27 January 2014
Constitution was drafted by a Constituent National Assembly whose
members were legitimately and lawfully elected by the Tunisian people. It
further contends that the fact that its members were elected conferred on
the Constituent National Assembly the legitimacy to draft and adopt the new
Constitution. The Respondent State maintains that the alleged violations are
not established, which renders the Application moot.
***
62. Article 20(1) of the Charter provides:
All peoples shall have the right to existence. They shall have the
unquestionable and inalienable right to self-determination. They shall
freely determine their political status and shall pursue their economic
and social development according to the policy they have freely
chosen.
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