المجلس الدستوري الجزائري في ظل التعديل الدستوري لسنة 2016 : علاقة التركيبة بالأداء

الملخص EN

The constitutional control is a principal guaranty for the constitution supremacy , and thus is what makes deference between constitution and other laws , and this is in both types of control judicial and political one, I will focus on the later especially in its presenting commission which is the constitutional council .

The composition of the constitution council after the constitution amendment of 2016 has been amended according to the numeral equal between the three pours , but this can t make the constitution council more effective because of the subordination of its members to the executive pour and this has a great effect on its independence so will this new composition give more strength to the work of the constitution council or it will be just a devoting of the dominance of the president of the republic on the whole pours and constitutional institutions of the state? The job of the constitutional council which is the control of law constitutionality and he dealing with the legislative and presidential electoral appeals and the proclamation of the results the deferent elections and referendums.

This role has a great importance therefore the nature of its composition means how integrity and seriousness its role is .

so I will split this research to two parts , I will tackle in the first one the sources of the organic composition of the constitutional council an d in the second one the effect of the organic composition on its functional role.