مبدأ الفصل بين السلطات كضمانة قانونية للرقابة على نفاذ القواعد الدستورية : دراسة تحليلية على ضوء التعديل الدستوري الجزئري لسنة 2016

Abstract EN

The principle of separation of powers is one of the most important legal guarantees, most notably in the area of maintaining and guaranteeing the entry into force of the constitutional rules.

This principle is based on the constitution-mentioning of the powers of each authority and the mutual supervision or control between them for the sake of achieving the desired balance which can help to avoid the expense of an authority upon the others.

Since the colonial era, the desire of the constitutional founder has been very clear in adopting and working on this principle.

However, this has not been realised until die 1989 Constitution, where the latter paved die way for the separation of powers that gradually developed to become as it is now.

So, the constitutional amendment of 2016 came to support the most central position of this principle in the Algerian constitutional system after the text explicitly stated that.

The adoption of the principle of separation of powers and the establishment of the idea of balance between them has several consequences on the level of regulation of the authorities and the activation of constitutional control within the framework of its neutrality m order to ensure that the rights and freedoms guaranteed constitutionally are not violated.

Therefore, the recent constitutional amendment included a number of new procedures in the field of mutual control between the authorities and constitutional control on its work to adapt them all with the constitutional principles and rules adopted by the people.

The constitutional amendment of the year 2016 is an important step in the framework of measures to strengthen the separation of powers and their integration, especially in the field of control of the constitutionality of the laws, which was supported in its composition and independence, as well as the mechanisms of its work to upgrade its performance and reach the desired level, which we still miss ,in feet, despite the expansion of all those texts in this area as a result of the dominance of the idea of the gradation of powers rather than their balance.