This paper seeks to place the events of the Tunisian ‘Arab Spring’ in a productive tension with the political theory of Giorgio Agamben. Before the revolution Ben Ali’s regime entwined biopolitical and sovereign logics of power, utilizing complex apparatuses which generated a fundamental inclusion and exclusion within the populace. Thus, when the revolt began, the gestures and strategies of resistance often sought to displace or negate these logics of power. In other words, the Tunisian revolution was not simply a classic liberal-democratic exercise of constituent power, where ‘the people’ rewrote their political being-together. Drawing on Agamben’s ideas on the coming community and the state of exception, this chapter seeks to undercut the traditional constitutionalist narrative by highlighting the disordered disruption of biopolitical regulation and the refusal of a clear representational strategy. As such, it seeks to instantiate a critical legal theory based around dissensus.