عن تعلق الدفع بعدم الدستورية بالنظام العام في القانون الجزائري

الملخص EN

Determining the legal nature of the exception of the non constitutionality as it relates to public order or not, is one of the important issues, where it was not studied in a way that ends the dispute that exists around it, some of the constitutional systems considered this procedure to be part of the public order, and some of them believed otherwise, this difference in the legal nature necessarily leads to a difference in the results resulting from it, whether in terms of determining the competent authority to adjudicate this type of defense or in terms of the procedures that must be followed, and thus a distinction in the effectiveness of achieving the protection of rights and freedoms.