الدفع بعدم الدستورية أمام القضاء آلية جديدة لتحقيق العدالة الدستورية : القانون المصري نموذجا

Abstract EN

The method of unconstitutionality promotion is a judiciary way which takes the form of the defensive method, which defers the entry into force of the law until it is published in the official gazette, and attempts to apply it in one of the cases before the judiciary, which was established by the Algerian constitutional legislator in the new Algerian constitutional amendment.

On March 6, 2016, preceded by Islamic legislation and several comparative constitutional experiences, Pending the issuance of the organic law specified for the modalities and conditions of the promotion practice stipulated in Article 188 of the Algerian constitutional amendment, as stipulated in Article 215 we appeal the Algerian constitutional founder to put the Egyptian model in view of his experience as one of the best experiences in the field of constitutional control by way of payment In the face of any law or regulation that may contravene the provisions of the constitutional articles, by any litigant of a capacity and interest that complies with the time-limit and the validity of the law, and in order to avoid any deviation from the abuse, Thus balancing the equation of providing the protection of the rights of the litigant on the one hand, and ensuring judicial efficiency on the other.