تطور أحكام الرقابة على دستورية القوانين في الجزائر 1963-2016 و الإشكالات المطروحة

Abstract EN

The provisions of control over the constitutionality of laws in Algeria have evolved from one stage to another, starting with the first constitution of 1963 until the last constitutional amendment of 2016.

Through this study, we will discuss the qualitative development of the provisions related to the Constitutional Council, especially in terms of the composition of the Constitutional Council and its relationship with the maintenance of legitimacy, and alsoitsaved the supremacy of the Constitution.

We recorded the many questions brought by the Constitution of 1963, which allocated to the Constitutional Council only two articles.

We have also recorded a vacuum in terms of provisions for the control of the constitutionality of laws under the 1976 Constitution for ideological reasons.

The 1989 Constitution took a paradigm shift by creating a Constitutional Council that was partially different in composition from the French Constitutional Council.

Censorship provisions evolved on the occasion of the 1996 Amendment as the Council exercised prior control over organic laws.

The 2016 amendment confirmed the nomination of the Constitutional Council and provides a qualitative addition in several provisions.

However, many problems remain on the table, which we have highlighted and made proposals on which we consider important.