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The phenomenon of the publication of written laws that govern the daily life of people, including business transactions, marital relations, etc., and specify penalties for transgressions, violations and crimes, is an ancient phenomenon that dates back to the civilizations of Mesopotamia.
However, these laws did not establish the relationship between the rulers and the governed. This legal development, which came to be called the constitution, was delayed in its emergence and helped by certain developments in certain societies.
The idea of constitutions first occurred to the Greeks, so a number of Greek city-states had constitutions that mixed between the usual and the written.
However, the first constitution to restrict meaning is written by Solon, who was elected ruler of Athens in 592 BC. Among the constitutional measures taken by the establishment of the Council of Four Hundred, composed of the four tribes of Athens, and the task of this council is to determine the projects to be presented to the Senate. And he revived the People’s Assembly, which consisted of all citizens, which was responsible for choosing the rulers, and all state employees and pimps became subject to accountability after their jobs expired.
In Rome, a great development took place in the field of political life: many councils and bodies regulating the lives of people were created, including the Senate, considered the highest authority in Rome.
In the modern era, the first constitution, according to the understanding that has become common to the word, is the Constitution of the United States of America, which was drafted in 1776, which is the Constitution of the Confederacy, then the Constitution of Federalism, developed in 1789.
In the Islamic world and the Arab world, the first constitution was the so-called “era of security”, which was published in Tunisia in 1861 during the reign of Muhammad al-Sadiq Bey and was based on the “Pact of security “. document published in 1857 during the reign of Ahmed Bey. This constitution modified the rights and duties of Tunisians regardless of religion, social or political status, and it guarantees the separation of the three powers, legislative, executive and judicial.
As such, it is considered the first secular constitution * of the Islamic world and the Arab world.
In Turkey, the “fundamental law” promulgated in 1876 is the first constitution of the Ottoman Empire.
However, the problem was represented in the abortions that followed these institutional stages, as the constitution of the “Security Pact” was suspended after less than four years and the Ottoman constitution, “the basic law”, only lasted. ‘a year.
This abortion may have resulted from the fact that the publication of these two constitutions was not the result of internal development and internal quarrels within the framework of the society concerned, but rather the result of an urgent response to European pressures. on the one hand, and movement of small enlightened national elites interested in such a development.
In the second half of the twentieth century, the constitutions of Tunisia and the former democratic Yemen were the only secular constitutions in the Arab world.
The idea of the constitution, its content and dimensions are still the subject of discussion, attack and defense in the Islamic world and in the Arab world, and this stems from the anti-secular position.
* The adjective “secular” is here only a filling, because the constitution, by its very nature, must be scientific. Otherwise, it is a religious “law” that contains ordinances and prohibitions related to permissibility and prohibition and certain moral rules. It does not deal with the relationship between the ruler and the governed and popular organizations that monitor the behavior of the authorities and the application of the laws, that is, popular participation in government affairs.
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