أثر مبدأ استقلالية القضاء على الحقوق والحريات والمبادئ الدستورية في التشريع الجزائري

الملخص EN

The need tocreate the principle of the independence of the judiciary is considered because it is an effective basis for the exhaustion of general and legal rules, on the level of equality between all people without any discrimination between them, the enforcement authority and the legislative authority do not derive their legitimacy unless they are subject to a fair, independent and impartial judiciary and able to monitor the work of the two authorities (Executive and legislative), and this is in implementation of the principle of legality, which reinforces the principle of the right to the natural judge, and thus consecrate the state of right and law in its best form.

This study aims to know the meaning of the principle of the independence of the judiciary and its relationship to public rights and freedoms and to drop this on the Algerian legislation, where it was reflected Study the difficulties that the principle faces in order to realistically achieve its independence, and the impact of this on rights and freedoms on the ground.