مظاهر الانحراف الدستوري و مدى الرقابة عليه بين الدستور الجزائري و القضاء الدستوري المقارن

الملخص EN

The study investigates some aspects of constitutional deviation, which are in violation of the general principles governing society, especially the violation of supra-constitutional principles, and contrary to the general spirit of the Constitution; where the abuses that attack these texts and deviate from their goals, meanings and idealism.

The study revealed the rise of cases of constitutional deviation in light of the superiority of the executive power to the system of government in contemporary countries, which has caused violations of constitutionally guaranteed fundamental rights and freedoms, especially in light of the existence of a parliamentary majority in force, and assistance to the President.

The study concluded the need to find constitutional control over the constitutionality of constitutional amendments in terms of formality and objectivity.

This means the text in the Constitution on the competence of the constitutional judiciary in preventing constitutional deviation based on the defect of deviant power.