CONSTITUTIONAL COURT SUPERVISION OF REGULATIONS IN LIGHT OF THE 2020 CONSTITUTIONAL AMENDMENT: ENSHRINING CONSTITUTIONAL LEGITIMACY
Main Article Content
Abstract
This study aims to highlight the advancements implemented by the Algerian constitutional founder concerning the constitutional supervision of regulations following the 2020 amendment. It delves into the Constitutional Court's role in broadening its oversight to safeguard the principle of constitutional supremacy, alongside the preservation of rights and freedoms. Additionally, the paper scrutinizes the adequacy of mechanisms to initiate constitutional review by the regulatory authority, aiming to solidify constitutional legitimacy and foster a state governed by the rule of law.
The findings indicate that the optional nature of constitutional supervision and the limitation of direct appeals to political entities—excluding individual petitioners—from accessing the Constitutional Court directly, along with the stringent conditions required to challenge the unconstitutionality of regulatory judgments, diminish the effectiveness of the Constitutional Court in its regulatory oversight role. Consequently, the study advocates for a reassessment of the criteria for challenging regulatory judgments' unconstitutionality and proposes granting individuals the ability to seek constitutional justice through preliminary litigation. This would empower the court to proactively intervene.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Official Gazette of the Algerian Republic. Presidential Decree No. 20-442 on the issuance of the constitutional amendment. No. 82. December 30, 2020.
Official Gazette of the Algerian Republic. Law No. 16-01 includes the constitutional amendment. No. 14. March 7, 2016.
Official Gazette of the Algerian Republic. No. 51. July 31, 2022.
Tanagho, Samir Abdel Sayed.General Theory of Law. Knowledge Establishment, Alexandria, Egypt.
Al-Attar, Walid Jawdat Ibrahim. "Independent Regulations and the Competent Authority to Issue Independent Regulations." Legal Magazine, Faculty of Law, University of Cairo (Khartoum Branch). Vol. 14, Issue 3, November 2022, p. 1050.
Al-Tamawy, Suleiman Mohamed.General Theory of Administrative Decisions, a Comparative Study. Arab Thought House, Cairo, Egypt, 1991.
Boualshaer, Said.The Algerian Political System, An Analytical Study of the Nature of the Regime in Light of the 1996 Constitution. University Press Office, Algeria, Second Revised and Expanded Edition, 2013.
Abdel Rahman, Azzaoui. "Distribution Controls Between the Legislative and Executive Powers (Comparative Study in Defining the Scope of Each Law and Regulation)." West House, Algeria.
Sheihoub, Masoud; Atallah, Bouhamida. "The Constitutional Council as an Election Judge." Algerian Constitutional Court Magazine for Rights and Political Sciences. Vol. 1, Issue 01, 2013; Algerian Magazine for Legal and Political Sciences, University of Algeria. Vol. 39, Issue 3, 2003.
Bdiar, Draji. "Limits of the Constitutional Court's Jurisdiction in Oversight of the Constitutionality of International Treaties According to the Provisions of the 2020 Constitutional Amendment." Journal of Rights and Political Sciences, Abbas Laghrour University of Khenchela, Algeria. Vol. 10, Issue 01, 2023.
Mohamed, Oumayouf. "Oversight of the Alignment of Laws and Regulations with Treaties in the Algerian Constitution." Critical Magazine for Law and Political Science, Faculty of Law and Political Sciences, University of Tizi Ouzou, Algeria. Vol. 19, Issue 02, 2024.
Juradat, Mohamed. "The Subsidiary Challenge According to the Amended Law No. 3 of 2006 of the Supreme Constitutional Court of Palestine: A Comparative Study." Al-Najah Research Journal (Human Sciences), Nablus University, Palestine. Vol. 37(1)2023.
El-Centerisy, Ahmed Abdel Haseeb Abdel Fattah. "Change of Circumstances and Its Impact on the Binding Nature of Judgments in Constitutional Litigation." Paper Submitted to the Fourth International Scientific Conference at the Faculty of Sharia and Law in Tanta, 2021.
Vlachogiannis, Apostolos. "The Constitutional Council Facing Change of Circumstances: Reflections in Light of American Experience." Jus Politicum, No. 11. [Online]. Available: https://juspoliticum.com/article/Le-Conseil-constitutionnel-face-au-changement-de-circonstances-de-fait-reflexions-a-la-lumiere-de-l-experience-americaine-789.html
Aguilon, Claire. "Potential Scope and Effective Scope of Jurisprudential Interpretation of the Concept of Change of Circumstances." In French Constitutional Law Review 2017/3 (No. 111).
Rafik, Rabia. "The Seriousness Condition in the Challenge of Unconstitutionality." Collective Work, Organic Law No. 18-16. New University Publishing, Tlemcen, 2020.
Tabina, Hakim. "Judicial Oversight of the Constitutionality of Laws - The Egyptian Supreme Constitutional Court as a Model." Algerian Journal of Rights and Political Sciences, Volume 5, Issue 2, December 1, 2020.
Nuhaili, Said. "Judicial Protection of Fundamental Rights in Germany - Individual Constitutional Complaint as a Model." Damascus University Journal for Legal Sciences, Volume 2, Issue 1, 2022.
Abdel Fattah, Youssef Abdel Mohsen. "The Experience of Prior Oversight of the Constitutionality of Laws in the Egyptian and Kuwaiti Systems." Legal Magazine, Legislation and Legal Opinion Authority, University of Bahrain. Issue 7, Year 2017.