أثر الدفع بعدم الدستورية في تحقيق الأمن القضائي لحقوق المواطنة : دراسة مقارنة لدساتير الدول المغاربية

الملخص EN

This paper seeks to clarify the right to litigation in order to preserve the rights and freedoms guaranteed by the Constitution under the so-called judicial empowerment of citizens.

Constitutional law is not alone in ensuring stability and establishing a general sense of justice and equity; Remains one of the most important international standards required to build the rule of law.

In this regard, the Algerian constitutional institution adopts the mechanism of complaint of unconstitutionality under article 188 of the constitutional amendment of 2016.

It can be based on the establishment of the constitutional judiciary represented in the independent Constitutional Council in the framework of fundamental human rights, On the other hand, the weaknesses of citizenship law will often appear after its application and not in its legislation, which will allow individuals to challenge the laws and know their shortcomings, which will be emphasized by the practical application of the law.

by the monitoring mechanism.

In the absence of the judiciary to discuss the absence of the text, and leave the jurisdiction under the constitutional establishment of the institution of the Constitutional Council as the constitutional control of laws.