شروط ممارسة الدفع بعدم الدستورية أمام الجهات القضائية : دراسة تحليلية مقارنة بين القانون الجزائري و الفرنسي و المصري

الملخص EN

The aim of the present study is to outline the most important conditions established by the Algerian legislature to promote unconstitutionality and compare it with other regimes (Egyptian and French) in order to identify agreements and differences that might help to correct the paths responsible for promoting of rights and freedoms in Algeria.

The most important results showed the existence of a variety of conditions for the exercise of the right to unconstitutionality, ranging from formal to substantive.

The most important formal conditions were the need for the application to be made by written, separate and reasoned warrant.

The law also stipulated that there should be substantive conditions for the acceptance of unconstitutionality.

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The contested text concerned the dispute before the court, which the plea was raised before, and that the defence must be serious, the main differences between the Algerian legislature, and the comparative regulations were concentrated on the judge's subjective power to plea unconstitutionality, since the Algerian legislature narrowed the judge's power to self-plea, while the Egyptian legislature extended it, and granted it the right to plea unconstitutionality if the legislation was deemed to be in doubt to violate the constitution.