Constitutional Rebirth - Egypt and Tunisia Rebuild Themselves

This document is an overview of the constitutional processes in Egypt and Tunisia, written before any constitution-making organization was formed in either country after the fall of Presidents Mubarak and Ben-Ali, respectively. It sets out some of the lessons learned from the international community, including the shift in focus from the substance of a constitution to the constitution-making process. It then compares the constitution-making process in Egypt and Tunisia as anticipated during that period, finding that the Tunisian context provides more opportunity for inclusion of the public in the constitution-making process. It then looks to the constitutional histories in both countries to identify past problems to be rectified in the new constitution. Finally, it identifies a number of contentious issues to be debated in the current constitution such as, executive-legislative relations, the role of courts, the military and security sectors, transitional justice, and Islam. Finally, the report discusses the potentially limited role of international advisors. Keywords: Process, Principles (Procedural), Participation, Engagement, Lessons Learned, Structure of Government, Islam, Transitional justice, Transitional provisions, International Advice, International Adviser.