Constitutional debate after Ben Ali.

Some lawyers argue the prime minister's
assumption of presidential powers evades
the Tunisian constitution.

Zine El Abidine Ben Ali, Tunisia's
president, fled the country on Friday amid a wave
of deadly social protests in a dramatic end to his
23 years in power.
In an address on state television Mohammed
Ghannouchi, the country's prime minister,
announced that he had taken over as
interim president.
He invoked Article 56 of the constitution saying it
allowed him to take over temporarily if the
president was not able to carry out his duties.
However legal circles in Tunisia fear that
Ghannouchi's statement was an act of evasion of
the constitution, merely to serve Ben Ali's
interests.
Article 56, on which Mohammed Ghannouchi's
statement was made, states that in the event the
president of the republic is incapable of
discharging his duties temporarily, he may order
for his powers and authorities be delegated to the
first minister, save the right of dissolving the
parliament.
During this period of temporary incapacity, the
government shall remain standing until such state
of incapacity is eliminated, even if the
government is chastised (impeached).
The president shall inform the speaker of the
parliament and the chairman of the advisers
board of the temporary delegation of his powers.
Legal experts, however, argue that in the current
situation, the head of parliament is the only
legitimate person granted the right, as stipulated
in article 57 of the Tunisian constitution, to form a
legitimate [caretaker] government, for about 45
days to be followed by presidential election.
Article 57
Article 57 states that when the post of the
president of the republic falls vacant due to his
demise, resignation or total incapacitation, the
constitutional council shall forthwith convene and
declare the definitive vacancy under the absolute
majority of its members, which matter shall be
expressly made known to the chairman of
advisers council and speaker of the parliament,
where the latter (speaker) shall immediately
undertake the presidential duties on temporary
basis for not less than 45 days; and not more
than 60 days.
In case the said definite vacancy coincides with
the dissolution of the parliament, the chairman of
advisers council shall undertake the presidential
duties on a temporary basis for the same period.
The officer undertaking the duties of the president
on temporary basis shall take the constitutional
oath before the parliament and the advisers
council jointly convening, and if required, before
the bureaus of the two houses. In case the said
definitive vacancy coincides with the dissolution
of the parliament, the constitutional oath may be
taken before the advisers council, and if required
before its bureau.
The officer undertaking the duties of the president
on temporary basis shall not be permitted to be
nominated for the presidency, even if he renders
his resignation.
The officer undertaking the duties of the president
on temporary basis shall discharge the
presidential duties; provided that he shall not be
entitled to resort to referendum, dissolve the
government, dissolve the parliament, or take any
of the exceptional measures set out in Chapter 46.
It shall not be permissible during the transitional
presidential period to amend the constitution or
chastise (impeach) the government.
And during the transitional presidential period, a
new president shall be elected for the term of five
years.


Source: Http://english.aljazeera.net/news/africa/2011/01/2011114204942484776.html