AllAboutLaw Blog: New territory for Tunisia’s democratic parliamentary elections, the theft of an 18-carat gold toilet and more

This week’s edition of the AllAboutLaw Blog looks at the second democratic parliamentary election ever to be held in Tunisia, the prorogation of parliament and the unusual theft of a gold toilet.

Democratic history for Tunisia

Tunisia is often depicted as the success story of the Arab Spring. The symbolic act of a Tunisian fruit seller, who set himself on fire in protest against corruption in December 2010, triggered a huge uprising known as the Jasmine Spring. These protests overthrew the dictator Zine al-Abidine Ben Ali and led to parliamentary democracy. 

Sunday marked the second time in the country’s history when its citizens were invited to head to the polling stations to cast their votes. This moment is watched closely by the world in the hope the principle of democracy will remain unchallenged in a region where authoritarianism once reigned. This is especially true considering the run-up to the elections were ramped with allegations of corruption. For instance, Nabil Karoui, a frontrunner during the election campaigns, is in custody on financial charges.

However, this has not prevented him from continuing his candidacy. On Monday, the first exit polls suggested a victory for Karoui, a media mogul, and Kaïs Saïed, a law professor. This shock victory for two political outsiders highlights the overarching sentiment in Tunisia. Tunisians appear to be rejecting politicians with ties to the two main political parties, due to disappointment and frustration over the lack of progress in the country. These two political outsiders will compete in a run-off vote—most likely in October—to become Tunisia’s next president. 

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Firm news

Hogan Lovells and Macfarlanes have acted on The Courtauld Institute of Art’s new lease at Somerset house. The Institute has been based there since 1989.

The top 10 innovative lawyers, an awards ceremony hosted by the Financial Times, includes Anna Babych from Aequo, who, among other accomplishments, helped draft a new law on limited and additional liability companies in Ukraine.

Lady Justice Hallett, chair of the Judicial Diversity Committee of the Judges’ Council, is featured in the Prime Minister's resignation honours list.

Three candidates remain in the running for the Baker McKenzie global chair role.

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A divided consensus on the prorogation of Parliament

Despite the Supreme Court in Scotland declaring the prorogation of Parliament to be unlawful, Parliament has remained suspended because the Scottish Court has not issued a specific order enforcing their judgment. The Court of Session’s judgment was very clear in its findings, stating the prorogation’s purpose: “was to stymie parliamentary scrutiny of the executive, which was a central pillar of the good governance principle enshrined in the constitution.”

Following the Scottish court’s judgment, the business minister, Kwasi Kwarteng was criticised for suggesting “many people” believe the judges' personal biases have infiltrated their judgment regarding the prorogation of Brexit, and that judges are voluntarily or involuntarily becoming involved in politics. In order to ensure such an opinion does not widely propagate, Simon Davis, the president of the Law Society of England and Wales, has sought to protect the rule of law and the independence of the judiciary by inciting influential voices in politics and media: “to avoid intemperate language and resolve to protect and promote the rule of law, supporting our judiciary, independent from interference”.

The case was brought to the Supreme Court this week, and their judgment is not expected to be announced until the end of the week at the earliest.

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The mysterious case of a stolen toilet

A toilet made entirely from gold, with an estimated value of $1.25 million was stolen at Blenheim Palace, west of London. The toilet is an artwork by the Italian artist Maurizio Cattelan, titled America. The task to remove the toilet is no easy feat, leaving the police to believe the theft was carried out by at least two vehicles. To add to the turmoil, the toilet was fully functioning and connected to the plumbing of the building, so its removal has caused extensive damage.

Some have sought to place the blame on Maurizio, the artist who made the 18-carat working loo, due to a track record of playing pranks. However, the artist has denied such action, stating: “Who’s so stupid to steal a toilet? America was the 1% for the 99% and I hope it still is. I want to be positive and think the robbery is a kind of Robin Hood-inspired action”.

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