حق الأفراد في الطعن أمام الهيئات السياسية المكلفة بمراقبة مدى دستورية القوانين، ضرورة للديمقراطية الدستورية

الملخص EN

Most state constitutions assign the legislature the task of establishing the legal system that governs the exercise of fundamental rights and freedoms, as they are the expression of the popular will.

However, over time the individuals discover that the legal system established by the legislative authority for the implementation of their rights and freedoms makes it impossible to realise due to the type of restrictions imposed by the legislators, which makes the legislative body incompatible with the purpose of its creation.

In this situation, the Constitutional Council implemented in France and Algeria has the right to control the constitutionality of laws had to inform the body in charge of the extent of the constitutionality of the laws, which unfortunately did not happen quite many times.

Therefore, the embodiment of the requirements of constitutional democracy obliged the French authorities to pass the constitutional amendment of 2008, followed by Algeria in the constitutional amendment of 2016 granting the individuals the right to appeal before the Constitutional Council to challenge the unconstitutionality of laws that regulate their rights and freedoms.