حالة الظروف الاستثنائية كاستثناء على مبدأ سمو الدستور

Abstract EN

Constitution supremacy is one of the most essential and steady constitutional general principles in the modern democracies deemed as real guarantee for establishing law state and protecting individual rights as well as public liberties.

The purpose of this principle is to confirm that constitution is the main law of the state and all national authorities and bodies as well as individuals must follow and adhere to its provisions, therefore to be the top of the state legislative structure.

The legal system has been put in place to govern state in normal circumstances.

however, the latter is not stable.

the state may go through exceptional circumstances and crises, so that the normal legal rules become unable to confront them, Hence, the exceptional circumstances appeared as exception to the principle of constitution supremacy in order to deal with the urgent events and to protect the state structure as well as the society generalm, We can see that Algerian constitution founder regulated the cases of exceptional circumstances, such as siege, emergency & war events.

through putting certain conditions and rules to be applied regarding the same giving the power to the President to take the proper actions required within such event.