Constitutional protection of fundamental rights in the Algerian constitutional system

Abstract EN

The incorporation of human rights principles into the internal legal system has made legal thinking devise two mechanisms to this end: The System of General Rights and Freedoms, which is regulated by the legislator by statute and protected only by the ordinary court; and The System of Fundamental Rights, which is established in the constitution by the Constituent, and protected by the constitutional justice.

The relevance of which arises from its protection to certain rights and freedoms from the legislator's potential violation, thereby acting as a constitutional protection to these rights, and ensuring them more inviolability.

As such, the Algerian Constituent has adopted this protection by establishing a constitutional council which monitors the oversight of the Constitution through verifying the constitutionality of law texts.

This leads to a careful consideration of the extent of this protection and its effectiveness in the Algerian system.