THE ROLE OF THE CONSTITUTIONAL COURT IN CONSOLIDATING THE PRINCIPLE OF CONSTITUTIONAL SUPREMACY IN ALGERIA
Main Article Content
Abstract
One of the most important reforms introduced by the Algerian constitutional amendment of 2020 is the establishment of the Constitutional Court as an independent institution tasked with guaranteeing the respect for the constitution. The constitutional founder granted the Constitutional Court additional powers that were not granted to the Constitutional Council. These powers include the authority for the Constitutional Court, for the first time, to interpret constitutional judgments and to expand its powers in the field of overseeing the constitutionality of laws to include oversight of presidential orders. It also introduced oversight of the conformity of laws and regulations with treaties and subjected regulations to subsequent jurisdictional oversight. Furthermore, the Constitutional Court has the authority to settle disputes that may arise between the authorities in the state.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Salima Ghazlan, "Interpretation of the Constitutional Principle in Light of the Recent Constitutional Amendment 2020," Academy of Social and Human Studies, Volume 14, Issue 01, 2022, p. 284.
Kamal Jallab, "The Role of the Algerian Constitutional Council in Interpreting the Constitution," Journal of Rights and Humanities, Volume 11, Issue 03, 2018, p. 42.
Same reference, p. 255.
Zuhaira Qazdari, Zahia Issa, "Enhancing the Jurisdiction of the Constitutional Judiciary by Interpreting Constitutional Texts in Light of the Constitutional Amendment of 2020," Algerian Journal of Legal and Political Sciences, Volume 58, Issue 03, p. 402.
Samira Atwata, "Control over the Constitutionality of Laws in Algeria from the Constitutional Council to the Constitutional Court," Thesis submitted for the Doctorate Degree in Law, Mohammed Boudiaf University, Béjaïa, Academic Year 2020/2021, p. 264.
Mohammed Zenon, Mansour Massara, "Independence of the Judiciary under the 2020 Constitutional Amendment," Master's Thesis in Law, Djilali Bounaama University, 2021/2022, p. 50.
Kamal Jallab, Same reference, p. 43.
Samira Atwata, Same reference, p. 265.
Zuhaira Qazdari, Zahia Issa, Same reference, p. 403.
Hafiza Hassane, "The Role of the Constitutional Court in Interpreting the Constitutional Principle in Light of the 2020 Constitutional Amendment," Journal of Law and Local Development, Volume 4, Issue 02, 2022, p. 74.
Zuhair Shukr, "The General Theory of Constitutional Judiciary," Part One, Dar Bilal, Beirut, Lebanon, 2014, pp. 32-33.
Samira Atwata, Same reference, p. 265.
Ahsan Gharbi, "The Constitutional Court in Algeria," Comprehensive Journal of Rights, June 2021, p. 71.
The internal regulations of the parliamentary chambers consist of a set of written legal rules of a specific nature, established solely by the parliament, governing its structures, organs, functions, and aiming to regulate and organize the procedural conduct for carrying out constitutional tasks. Fawaz Muhammad Abu Shamlah, The Role of Internal Regulations in Parliamentary Work, Dar Al-Khalij, Jordan, 2018, p. 37.
The specific system for the rules of the Constitutional Court's work, Volume 04, issued on January 22, 2023.
Ahsan Gharbi, "Control over the Constitutionality of Laws under the 2020 Constitutional Amendment," Journal of Rights and Humanities, Volume 13, Issue 04, 2020, p. 41. Also, Samira Atwata, Same reference, p. 249.
Wafaa Ahlam Shtatha, Same reference, p. 809.
Jamal Rawab, "The Competences of the Constitutional in the Field of Constitutional Oversight and Compliance Control," Journal of the Constitutional Council, Issue 17, 2021, p. 172.
Aziz Jamam, "Ineffectiveness of Oversight over the Constitutionality of Laws," Master's Thesis, Faculty of Law and Political Science, Mouloud Mammeri University, Tizi Ouzou, 2011/2012, p. 123.
Salima Mserati, The System of Oversight over the Constitutionality of Laws in Algeria in Light of the 1996 Constitution and the Algerian Constitutional Council's Jurisprudence 1989-2010, Dar Huma, 2012, p. 116.
Lamia Hammada, Same reference, p. 156.
Same reference, p. 156.
Aziz Jamam, Same reference, p. 109.
Samira Atwata, Same reference, p. 252.
Mouloud Barkat, "The Role of the Constitutional Court in Resolving Disputes between Constitutional Authorities," Journal of Legal and Political Studies Researcher, Volume 07, 2022, p. 1014.
Same reference, p. 1015.
Same reference, p. 1015.