Tunisia’s first constitutional charter can be traced back to the Fundamental Pact (1857) established by Mohamed Bey (1855-1859), following the decline of Ottoman rule over the territory in the early 19th century. The Fundamental Pact proclaimed rules governing relations between the government, the people, and foreigners in an effort to solidify his rule and placate the European powers. However, this document was replaced in 1861 with a new constitution when Muhammad as-Sadiq succeeded Mohamed Bey as the Tunisian leader. This constitution weakened the Tunisian ruler in favour of European migrants who were given property rights and guaranteed equal protection of Tunisian law. Tunisia became a French protectorate in 1881 and remained under French rule until March 1956 when it gained independence, followed by the promulgation of a new constitution on 1 June 1959.

The Constitutional Assembly drafted the 1959 Tunisian constitution in order to reinforce the rule of Habib Bourguiba, the nationalist leader who led Tunisia to independence. To achieve this, the drafters changed the Constitution of the Fourth French Republic, at the time in force in Tunisia, and reinforced executive powers. The document—amended in 1988, 2002 and 2005—also stressed the influence of Islam, placing Tunisia within the Great Arab Community and stating that that Arabic is the national language. The Constitution vested executive powers in a President elected by a direct vote for a five year term, and assisted by a Prime Minister and a Cabinet. The Prime Minister was appointed by the President, while the other members of the Cabinet were appointed by the President on the recommendation of the Prime Minister.

The legislature comprised a Chamber of Deputies and the Chamber of Advisors which was created by constitutional amendment in 2002. Deputies were elected by direct vote to a five year term. Half of the Advisors were elected from the regional and local level, one third were elected at the national level from among employers, farmers, and workers, and the remaining Advisors were appointed by the President from important national figures. Together, the two houses could, by an absolute majority, authorize the President to issue decrees and pass organic laws as specified in the Constitution. Ordinary laws were passed by a simple majority of the two houses, but were promulgated by the President.

The highest judicial authorities in Tunisia under this Constitution were the High Court and the Constitutional Council. The High Court was in charge of hearing cases related to high treason committed by government officials. The Constitutional Council had the authority of constitutional review.

Unprecedented nationwide violent protests over unemployment, corruption, poverty, and political restrictions in 2010 after a young vegetable cart owner, Mohamed Bouazizi, set himself on fire to protest police brutality resulted in the collapse of the over 20 years old regime of President Ben Ali. General elections one year later, following an interim period of unstable successions at the helm of state resulted in the election of a Constituent Assembly to write a new Constitution. On 12 December 2011, the Constituent Assembly elected Moncef Mazourki as the Interim President. The drafting process on the new Tunisian Constitution commenced in February 2012, with considerable tension between Islamists and Secularists. The Assembly issued a first draft constitution on August 14, 2012 and a second draft on December 14, 2012. The assassination of the opposition leader, Shoukri Belaid, on February 6, 2013, briefly interrupted the drafting process. However, the process resumed and the Assembly issued a third draft on April 22, 2013. On June 1, 2013 the committee in charge of drafting the constitution finally agreed on a draft, which was submitted to the provisional legislature. After months of protests and deadlock, the draft was then passed by a two-third majority of the National Constituent Assembly and on 26, January 2014.The resulting constitution is a liberal text that states that Islam is the country's religion, while at the same time recognizing freedom of conscience and belief, and equality between the sexes.

Although Tunisia’s transition process was considered to be less tumultuous compared to Egypt’s, it was not without challenges. Agreeing on the kind of political regime for instance proved to be a contentious issue at all stages. There was on the one hand the Ennahda Movement pushing for a parliamentary system with a Prime Minister based on the German or British model and on the other, political parties like the Congress for the Republic and the Progressive Democratic Party, pushing for a French style semi-presidential system. Additionally, the Islamic political parties sought to have the constitution declare Islam as the main source of legislation. Ennahda had to make broad concessions like dropping its earlier goal of establishing Tunisia as an Islamic state and declaring the supremacy of Sharia law.

Executive branch

Legislative branch

Judicial branch

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