عدم إدراج شرط انتهاك الحكم التشريعي للحقوق و الحريات ضمن المادة 08 من القانون العضوي 18-16

Abstract EN

This article aims to compare the text of Article 188 of the 2016 constitutional amendment with the text of Article 08 of Organic Law 18-16.

It was found that the organic legislator violated the constitutional text by ignoring the condition of violating the legislative provision of rights and freedoms.

The Algerian legislator, instead of imitating the French legislator, and adding objective and vague conditions, such as a condition unless circumstances change and a condition of seriousness, had to be satisfied with formal conditions, as the Tunisian legislator did.