نشأة القضاء الدستوري في الجزائر و فرنسا و تاثيره على مبدأ سمو الدستور : دراسة مقارنة

Abstract EN

With the development of political and legal thought influenced by the men of philosophy and law, led by the Austrian jurist Hans Kelsen, and because of Europe's horrors during World War II claimed the lives of millions and dictatorships proved that the elected councils (parliaments) is not always the protector of the people who Elected, the idea of subordinating the legislature's work to constitutional control has been revived to limit its transgressions and oblige it to abide by the provisions of the Constitution and the rights and freedoms it provides for individuals.

As a matter of fact, the majority of the political regimes have ratified the constitutionality of laws by means of a constitutional judiciary in which the principle of the constitution is in a more secure position.

It is not only the documentation of the constitutional texts, but also the interpretation of the constitution.

In reviewing the development of the idea of constitutional justice over history, we find that its models have varied and diversified.

States have assigned this task to a body whose name and composition vary from country to country.

Comparative constitutional documents have provided many examples that reflect their perspective on censorship, which is based on historical factors of every type, The work of the original constituent authority, along with the aims and objectives, as well as the caveats that have been put in place in the search for a control engineering capable of ensuring the independence of the constitutional judiciary on the one hand, and granting legal effectiveness on the other, to ensure the dignity and respect for institutions and their areas of competence In this way Algeria has gone, where the Constitutional Council was found to be an independent constitutional body.

The latter was created to the noble end of defending the principles of the rule of law and democratic values.

The constitutional council is one of the pillars of the Algerian constitutional system.

It does not guarantee the constitutional texts without monitoring the constitutionality of the laws.