in the Constitution itself and that "the entry into force of a new Constitution drawn up by a process external to the Constitution in force is decided in the new text itself".16 72. The Court notes that Article 147 of the 27 January 2014 Constitution reads as follows: “After the adoption of the Constitution in its entirety, in accordance with the provisions of Article 3 of Constituent Law No. 2011-6 of 16 December 2011 on the provisional organisation of public powers, the Constituent National Assembly shall hold an extraordinary plenary session within a maximum period of one week. During this session, the Constitution shall be promulgated by the President of the Republic, the President of the Constituent National Assembly and the Head of Government. The President of the Constituent National Assembly shall order the Constitution to be published in a special issue of the Official Gazette of the Republic of Tunisia. It shall come into force immediately after its publication. The President of the Constituent National Assembly shall announce the publication date in advance”. 73. The Court notes that, although the above provision appears in the “Final Provisions” of the new Constitution, it is an integral part of all the provisions of that Constitution, which was drafted by representatives of the people elected on 23 October 2011 by universal suffrage. This delegation of power empowered members of the Constituent National Assembly to validly decide on the procedures for adopting and promulgating the Constitution. Having already established that the people participated indirectly in the drafting of the new Constitution as a whole, the Court considers that the failure to submit this Constitution to a referendum does not violate the right of the people to participate in the government of their country, protected by Article 13 of the Charter. 16 Michele Brandt, Jill Cottrell, Yash Ghai, Anthony Regan, in Le processus constitutionnel : élaboration et réforme - Quelles options ? op. cit. page 246 who stated that “the submission of a draft Constitution to referendum, while highly desirable, is not compulsory and is not imposed as a constitutional principle”. 20

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