استقلالية العدالة بين الشريعة الاسلامية و القوانين العربية

الملخص EN

had incarnated since more than 14 centuries lived and purred example to establish the principle of autonomy of the justice and the judiciary.

The legislations and the Arab positive laws had persevered to realize it towards its constitutions and laws.

The constitutions and the Arab laws had provided for that, especially, in the different Arab states, such as: Egypt, Iraq, Lebanon, Jordan and Kuwait.

Since its independence, Algeria made sure to realize good progress of justice by the activation of autonomy of the judiciary.

That was incarnated from its successive constitutions: constitution 1963, constitution 1976, constitution 1989, and constitution 1996.

The last modification of the constitution in the year 2020 had contained important articles concerning the activation of the role of the high council of the judiciary and the realization of the autonomy of the judge from the article 180 and follow, which containing the third chapter.

The autonomy of the judicial authority was appeared from the reinforcement of the legislative domain by reason of two essential laws, which is the organic law contained the essential law of the justice which brings by the new dispositions in execution of the recommendations of the national committee to reform the justice of what to enable to appreciation the role of the judge and his place in the society, with the determination of his rights, his freedoms and reinforcement of his credibility.

The organic law concerned to formation the high council of the judiciary and its powers which put its presidency on the prime president of the high Court, as its role to defense the judge from the incarnation of its non faculty of the separation, that is from its important step by reason the incarnation the state of the law.