القوانين العضوية المصرح بمطابقتها للدستور و مسألة تغير الظروف : دراسة مقارنة بين التشريع الجزائري و التشريع الفرنسي

الملخص EN

This article aims to study the organic laws authorized by the Constitutional Council to conform to the constitution and the issue of changing circumstances to challenge them unconstitutional.

It was evident from the comparison between the Algerian legislation and its French counterpart that there is a difference between them by the French constitution alone, with more guarantees for organic laws, especially in the areas of the organization of powers, while the Algerian constitution distinguished from the French by expanding the areas of organic laws to include the regulation of rights and freedoms.

It was also clear that no controls were set for the issue of changing circumstances and the expansion of the French Constitutional Council in its interpretations that have deepened the dispute over it and increased the criticism of the jurists to it.

The matter which necessitates the Algerian constitutional founder to reconsider this issue, amend the constitution, avoiding the tradition of French legislation, and introduce a constitutional court that achieves the supremacy of the constitution and guarantees rights and freedoms.