THE IDENTITY OF THE CONSTITUTIONAL JUDICIARY IN THE ALGERIAN MODEL IN THE LIGHT OF THE AMENDMENTS TO THE 2020 CONSTITUTION
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Abstract
In the topics of constitutional law, no scientific research is devoid of importance, and the latter will witness an increase and become inevitable in obtaining its right of study whenever the topic relates to individual and collective rights and freedoms. This topic of ours brings together all the motives;. There is no doubt that the conviction of the Algerian constitutional founder in the inevitability of installing a constitutional court is not a fusion on his part in an effort to keep pace with the development witnessed by constitutional law in its essential branch related to building the state of right and law, stabilizing its institutions.
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References
- Sources:
A- Constitution:
Presidential Decree No. 20/442 containing the constitutional amendment of 2020, Official Journal of the People’s Democratic Republic of Algeria, No. 82, published on 30 December 2020.
A- Legislative texts:
Presidential Decree No. 21/304 of 4 August 2021 laying down the conditions and methods for electing professors of constitutional law as members of the Constitutional Court, Official Journal No. 60 of 5 August 2021.
Presidential Decree No. 21/304 of 4 August 2021 establishing the conditions and methods for electing professors of constitutional law as members of the Constitutional Court, Official Gazette No. 60 of 5 August 2021.
Decree No. 21/01 of 10 March 2021 containing the organic law on the electoral system, Official Gazette, No. 17 of 10 March 2021.
Organic Law No. 19/07 of 14 September 2019 on the Independent National Electoral Authority, Official Gazette, No. 55 of 15 September 2019 (repealed).
Organic Law No. 18/16, establishing the conditions and methods for the application of the challenge to the constitutionality, Official Gazette, No. 54, 2018 (repealed).
- References
A- Books:
Ben Salem, Jamal. The challenge of constitutionality: Foundation, Establishment and Practice in the Algerian Model.Bayt Al-Afkar, 1st edition, 2020.
Al-Salhi, Bahjat Younsi. The declaration of unconstitutionality of legislative texts and its role in strengthening the rule of law. Bayt Al-Hikma, 1st edition, Iraq, 2009.
Ammar Boudiaf.
The Constitution of the People’s Democratic Republic of Algeria 2020: Stages of amendment, content and innovations. Dar Jasour for Publication and Distribution, 1st edition, Algeria, 2020.
Al-Mafraji, Salwa Ahmed Midan. The constitutionality of international treaties and control: A Comparative Study. Dar Al-Hamid, 1st edition, Jordan, 2013.
B- Theses:
Atouta, Samira.Oversight of the constitutionality of laws in Algeria: From the Constitutional Council to the Constitutional Court. Doctoral thesis, Faculty of Law and Political Science, Mohamed Bachelet Ibrahim University, Bordj Bou Arreridj, 2020/2021.
3- Articles:
Meshri, Jamal and Lamini, Mohamed. The establishment of the Constitutional Court in Algeria.Al-Naqid Journal for Political Studies. Vol. 06, No. 01, 2022.
Hamamda, Lamia, and Jendli, Warda. The competence of the Constitutional Court to interpret the Constitution in light of the constitutional amendment of 2020.Journal of Rights and Freedoms, Vol. 10, No. 01, 2022.
Moulay Ibrahim, Abdel Hakim and Raï, Eid. The Constitutional Court under the Algerian Constitutional Amendment of 2020.Al-Ijtihad Journal for Legal and Economic Studies, Vol. 10, No. 03, 2021.
Linda Onissi. The Algerian Constitutional Court: A Study of Composition and Competences. Judicial Ijtihad Journal, Vol. 13, No. 28, 2021.
Gharebi, Ahsen. A Review of the Composition of the Constitutional Court in the Light of the Constitutional Amendment of 2020.Journal of Legal and Social Sciences. Vol. 05, No. 04, 2020.
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Gharebi, Ahsen. The Constitutional Court in Algeria.Comprehensive Journal of Rights, Vol., No., June 2021.
Medani, Abdelkader and Salmi, Abdel Salam. The Shift to Judicial Oversight via the Constitutional Court in the 2020 Constitutional Amendment.Journal of Legal and Economic Research, Vol. 04, No. 02.
Gharebi, Ahsen. The mechanism of notification to the Constitutional Court in the Algerian Constitution.Mediterranean Notebooks, Vol. 06, No. 01, June 2021.
Jelloul, Chitor. Judicial supervision of the constitutionality of laws.Judicial Ijtihad Journal, Vol. 03, No. 04, 2008.
Ben Salem, Jamal. The Transition from the Constitutional Council to the Constitutional Court in Algeria: A change in form or substance?Circle of Legal and Political Research and Studies Journal. Vol. 05, No. 02, 2021.
In foreign languages:
- Peter Haberle. The Role and Impact of Constitutional Courts in Comparative Perspective. University of Bayreuth, USA, 2010.