الرقابة الدستورية على التشريعات الإستفتائية : دراسة مقارنة بين المجلس الدستوري الفرنسي و المحكمة الدستورية المصرية

Abstract EN

The referendum is one of the most important ways of practicing democracy in popular control over approval of legislation, this mechanism has been widely used in many countries around the world, it was used as well in Algeria in constitutional amendments, but the practical reality proved that it can be used improperly, therefore a control mechanism is a must in order to correct any deviations, and the most important of those mechanisms is constitutional supervision.

This is why I tried to study this matter on the level of two systems, the French and the Egyptian, which are similar to the Algerian constitutional system, to know if the constitutional supervision in Algeria can benefit form the experiences of those other countries, especially after that the constitutional Council is upgraded to a constitutional court with the constitutional amendment recently approved.

We found that the Egyptian Constitutional Court, although influenced by the French Constitutional Council for historical reasons, had managed to deviate from France's tradition, at least partly, of refusing to subject its referendum-approved legislation to any censorship by accepting to subject its control over ordinary referendums, but it followed the same path of its rejection of constitutional amendments.