آليات إخطار المجلس الدستوري في ضوء مستجدات التعديل الدستوري الجزائري لسنة 2016

Abstract EN

In virtue of the constitutional Amendment of 2016, the constitutional constituent has extended the right to notify the constitutional council to many new actors namely the prime Minister and a certain number of deputies.

In addition to enabling individuals to evoke unconstitutionality exception on the occasion of a dispute standing before the judicial body.

This modification has come in response to much voice calling for strengthening the traditional notification mechanisms represented in the President of the Republic, President of the National people's Assembly and president of the Nation Council in regard to the ence of systematic notification of the constitutional council.

In spite of the constitutional reform that affected the notification system, it is noticed practically speaking the weakness of the Constitutional council's toll in term, of control of the constitutionality of laws resulting from the limited notification mechanisms, be they modern or traditional types, due to some legal obstacles that hinder their use.

Proceeding from this fact, it is difficult to establish an efficient constitutional jurisdiction that can tackle any unconstitutional legal provision.