أحكام معالجة و نظر المجلس الدستوري الجزائري لدعوى الدفع بعدم الدستورية

Abstract EN

The constitutional amendment of the year 2016 is an important step in the protection of rights and freedoms, as it opened the field for the first time in the history of Algeria to the citizen to be a partner in the control of the constitutionality of laws.

Article 188 provides that the Constitutional Council may be notified of a non-constitutional motion on the basis of a referral from the Supreme Court or the Council of State when a party to a trial claims before a judicial body that the legislative provision on which the dispute is based violates the rights and freedoms guaranteed by the Constitution.

In reference to this latter law, it can be said that it established a new phase in the course of the Algerian Constitutional Council by adding a new mandate and tasks to it, which it transferred from the practice of tribal political control over the constitutionality of the laws to remote judicial supervision aimed at protecting the rights and freedoms of individuals.