الخصوصيات القانونية للحالة الاستثنائية في الجزائر: دراسة تحليلية لأحكام المادة 98 من التعديل الدستوري لسنة 2020

الملخص EN

The theory of exceptional circumstances is based on the element of urgency resulting from the presence of an imminent danger and a situation that is about to affect the constitutional institutions of the state, its independence, or the integrity of its territory.

Exceptional powers extend to the President of the Republic, which is demonstrated by his authority to take all measures aimed at preserving the independence of the nation and state institutions.

His powers do not stop at this point, but he can resort to legislation by orders, and although the founder limits this authority to objective and procedural controls, it remain only formal.