الدفع بعدم الدستورية في مواجهة التأويل المطابق للدستور : دراسة تحليلية مقارنة

الملخص EN

The issue of arguing unconstitutionality, which was neglected by the judiciary, re-emerged in the 2020 constitution with a series of fluctuations and challenges to the judicial authority in the country.

between the lack of experience of the judge in interpreting the law in accordance with the constitutional text and between the requirements of legal doctrine, jurisprudence and modern jurisprudence, which have produced new concepts in constitutional procedures, and in order to smooth the transition from a traditional constitutional judge to a constitutional judge that guarantees the supremacy of the constitutional rules with modern standards compared to the rest of the rules, the principle of interpretation conforming to the constitution and the principles related to it is considered necessary to guide the work of the Algerian constitutional judge as a protector of the constitution and guarantor of rights.