From a historical point of view, the Constitution of June 1, 1959 can be considered as the third constitution to have been promulgated in the country, after the «Constitution of Carthage» and the Constitution of 1861, better known as the «Fundamental Pact».
The Constitution of 1959 adopted the presidential regime. This choice was far from being fortuitous. In fact, according to Ali Belhaouane, the general rapporteur of the Constitution, the National Constituent Assembly opted for the presidential regime because it guarantees government stability, on the one hand, and the efficiency of the decision-making process, on the other hand.
In comparison to other political systems, the presidential regime is distinguished by the following characteristics :
- Election of the president of the republic by the people. He draws his power directly from the people, not from the parliament, as is the case in parliamentary regimes.
- A unilateral executive branch, excluding the presence of a president of council.
- Separation of powers : The presidential regime is based on the separation of powers (organic and functional separation). Like the parliament, the president of the republic is elected by the people. He has the power to appoint and to dismiss ministers as he sees fit.
The president holds the executive power. The parliament holds the executive power.
Before the November 7, 1987 Change, many amendments were introduced into the Constitution. Particular mention can be made of the amendment dated April 8, 1976, which established the dual nature of the executive power, and provided for the possibility to issue a motion of censure and to dissolve the Chamber of Deputies.
This amendment, however, did not introduce any change into the nature of the presidential regime. The president of the republic remained at the center of the executive power. He had the power to appoint and to dismiss the government. Contrary to the parliamentary regime, the consent of the Chamber of Deputies was not required for the validation of the government.
