'THE CONSTITUTIONAL COURT OF ALGERIA BETWEEN NECESSITY AND TRADITION'
Main Article Content
Abstract
The 2020 constitutional amendment led to the establishment of a new constitutional institution, the Constitutional Court, replacing the Constitutional Council. This change aligns with developments in the legislative and legal fields, particularly with regard to constitutional oversight. To this end, the constitutional founder defined the composition of the Constitutional Court in a way that distinguishes it from other institutions in various countries. It was endowed with specific membership criteria and conditions for the President of the Constitutional Court. Furthermore, provisions were established to ensure the organic and functional independence of all members of the Constitutional Court, as well as the court as a whole. These provisions are intended to achieve the required effectiveness in the field of constitutional oversight.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
I. Legislative Texts
Laws:
Law No. 16-01 dated March 6, 2016, concerning the constitutional amendment, Official Gazette No. 14, dated March 7, 2016.
Decrees:
Presidential Decree No. 20-442 dated 15 Jumada al-Awwal 1442, corresponding to December 30, 2020, regarding the issuance of the constitutional amendment approved in the referendum of November 1, 2020, Official Gazette of the People’s Democratic Republic of Algeria, No. 82, issued December 30, 2020.
Presidential Decree No. 21-304 dated 25 Dhu al-Hijjah 1442, corresponding to August 4, 2021, specifying the conditions and methods for electing constitutional law professors as members of the Constitutional Court, Official Gazette of the People’s Democratic Republic of Algeria, No. 60.
II. Books:
Toufik Ramadan Rawandzi, ‘The Role of the Federal Supreme Court in Controlling the Constitutionality of Laws: A Comparative Study (1st ed.), Al-Wafa Legal Library, Alexandria, 2016.
Nouaman Ahmad al-Khatib, The Mediator in Political Systems and Constitutional Law, 1st edition, Dar Al-Thaqafa for Publishing and Distribution, Amman, 2009.
Inas Mohamed Al-Bahji and Youcef Al-Masri, Control over the Constitutionality of Laws: A Comparative Study, 1st edition, National Centre for Legal Publications, Cairo, 2013.
Abdelghani Yessouni Abdullah, The Mediator in Political Systems and Constitutional Law, Al-Saadani Press, Alexandria, 2004.
Hamdi Al-Ajmi, ‘Introduction to Constitutional Law in Light of Contemporary Arab Constitutions’, Dar Al-Thaqafa for Publishing and Distribution, Amman, 2009.
Abd Al-Monim Al-Dawi, Arab Constitutions Between Creation, Amendment and Oversight, 1st edition, Al-Wafa Legal Library, Alexandria, 2016.
Medhat Ahmad Mohamed Youssef Ghnaim, Modern Trends in Constitutional Law Oversight in Latin Systems (Egypt and France), 1st edition, National Centre for Legal Publications, Cairo, 2014.
Nouaman Ahmad al-Khatib, The Simple Guide to the Constitutional System, 1^(st) ed., Dar Al-Thaqafa for Publishing and Distribution, Amman, 2014.
Abd Al-Monim Al-Dawi, Arab Constitutions Between Creation, Amendment and Oversight, 1st edition, Al-Wafa Legal Library, Alexandria, 2016.
Abd Al-Aziz Mohamed Salman, Controls and Constraints of Constitutional Oversight: The Method of the Supreme Constitutional Court in Oversight of the Constitutionality of Laws and Regulations, 1^(st) ed., Saad Samak for Legal Publications, 2011.
III. Articles
Medani, A. and Salmi, A.S., ‘The Shift to Judicial Oversight via the Constitutional Court in the 2020 Constitutional Amendment’, Journal of Legal and Economic Research, Vol. 4, No. 2, 2021.
Gharebi, A. (2020). ‘A review of the composition of the Constitutional Court in light of the 2020 constitutional amendment’. Journal of Legal and Social Sciences, 5(4).
IV. Theses and Dissertations
Master’s Thesis:
Djamel Aziz, ‘The Ineffectiveness of Oversight on the Constitutionality of Laws in Algeria’, Master’s Thesis in Public Law, Faculty of Law and Political Science, MouloudMammeri University of TiziOuzou, Algeria.