The double relation between democracy and free elections: The Tunisian and Algerian cases

This article aims to demonstrate the double link between democracy and free elections. There must be free elections in a democratic country; free elections are a fundamental point of democracy. Academic literature has demonstrated the existence and importance of this link. In particular, this paper examines the cases of Tunisia and Algeria with an analysis of their latest national elections and the adoption of their latest Constitutions. This examination will follow a comparative method through a micro and macro-comparison analyzing the legislative and constitutional changes in the two countries and their comparison with the Islamic political system and the constitutional model of the French Fifth Republic that influenced the institutions and constitutional productions in North Africa. The limitation coming from this work may derive from producing an analysis anchored in European political and legal values. The analysis takes into account the peculiarities of the Islamic world and relies on universally recognized values that identify and characterize a democracy. Finally, the investigation of the link between these two institutions seeks to understand a relevant thing. The presence and circulation of constitutional models without a solid democratic political foundation cannot succeed. We witness in these countries an abuse of the French system that renders them incapable of intercepting and accommodating their populations’ demands for freedom.