الدفع بعدم الدستورية كآلية لتنقية العمل التشريعي المخالف لأحكام الدستور

Abstract EN

The Algerian Constitutional Founder, like other legislators, recognized in the 2016 constitutional amendment the use of the mechanism of unconstitutionality in Article 188, by notifying the Constitutional Council by one of the judiciary authorities based on the complaint submitted by litigants, which précising the violation of the legislative provision as one of the fundamental rights and freedoms which is considered opposed to the provisions of the Constitution.

This constitutional initiative is a positive step in the protection of fundamental rights and freedoms, strengthening the position of the judiciary power and valuing the functions of the Constitutional Council through its effective contribution to address legislative practices which are contrary to the provisions of the Constitution in order to elevate the status of this latter as supreme law of the country.