Tunisians are voting today in a referendum on a new constitution that would further expand President Kais Saied’s powers.

Main points of Tunisia’s draft constitution

The following are the main points outlined in the new draft constitution, which is expected to gain popular support.

The new draft replaces the country's 2014 constitution, expanding the head of state's authority and providing him with a broad range of powers that is not limited to defense and foreign affairs as is currently the case.

The President of the Republic carries out executive functions with help from the government, whose chief would be appointed by the President and not subject to confidence votes in parliament.

Under the new constitution, the president would be able to present draft laws, propose treaties and draft state budgets, appoint or dismiss government ministers, and appoint judges.

It would also see the Republic's President becoming the head of the armed forces and be charged with naming judges, thus reducing the role of parliament and the independence of the judiciary body.

Furthermore, the legislative function was divided between the People’s Assembly of Representatives, which directly elects its deputies for a five-year term, and the Council of Regions, which includes elected representatives from each region, provided that a law defining its tasks is subsequently issued.

The formation of the Council of Regions fits into President Kais Saied's long-held vision for a decentralization of power. 

The president would be able to serve two five-year terms but could extend them if an imminent threat to the state is perceived, granting the head of state the authority to dissolve parliament.

Interestingly, no clause allows for the impeachment of the president.

Controversial articles 

Article 5 and Article 55 of Tunisia's new constitution have been deemed controversial. 

Article 5 states that Tunisia is a “free, independent and sovereign state”, stressing that the country “belongs to the Islamic Ummah” (worldwide community) and that it would work to “achieve the objectives of Islam in preserving [people’s] souls, money, religion, and liberty”.

Article 55 states that no restrictions on rights and freedoms will be imposed "except by law and for the necessity of national defense or public security."

Tunisia's Electoral Commission announced, on Saturday, the start of the referendum process on the draft constitution for those living abroad, with the opening of the first polling stations in Sydney, Australia.

President Kais Saied has rewritten the democratic 2014 constitution, which most political parties have said they will boycott.

On its account, the Ennahda movement in Tunisia declared that it would abstain from the referendum this month on a revised version of the nation's constitution.

It is worth noting that the Election Commission has registered more than 9 million voters who are expected to participate in the referendum.