مبدأ الفصل بين السلطات في اجتهاد المجلس الدستوري و القاضي الإداري الجزائري

الملخص EN

In spite the great importance that the separation of powers has prompted since its inception, Algeria did not adopt it in its first constitution after independence, and the regime was considered authoritarian.

What is called for is necessity to change the existing ideology with a democratic ideology that guarantees the rights and freedoms of individuals and the existence of self-standing powers, and this is only under conditions the most important of which is the principle of separation of powers.

This is what the founders of the 1989 constitution implicitly attempted to embody, and the authors of the 1996 constitution followed the same amendment of the constitution in 2016, which explicitly stipulated the principle in its preamble, Both the constitutional judge and the administrative judge had a prominent and important role in interpreting and strengthening the principle through Various opinions, administrative decisions and judgments.