ولاية تفسير الدستور حسب التعديل الدستوري الجزائري لسنة 2020

Abstract EN

Some constitutions grant the constitutional competance of interpret constitutional texts, whether indirectly, which is what the Algerian Constitutional Council has recognized for itself on the occasion of examining the constitutionality of the texts before it, or directly according to Article 192 of the constitutional revision of 2020, and this research raises the problem Identifying the constitutional organization of the interpretating competance granted to the Algerian Constitutional Court, compared to what is in effect in some systems such as France, through the use of the comparative approach in addition to the critical analytical approach through two main topics.

The study aimed mainly at examining the modus operandi of the Constitutional Court based on the jurisprudence of the Algerian Constitutional Council in its exercise of its oversight jurisdiction through the notification mechanism or through the defense of unconstitutionality, and an attempt to give a broad idea of how to apply the text of Article 192/2 which added to the competencies of the Constitutional Court “its mandate in Authentic direct interpretation of the constitutional rules, and revealed that the constitutional judiciary is the most appropriate body entrusted with the task of interpretation, and that expanding the oversight scope of the Constitutional Court over the constitutionality of some texts, controlling its jurisdiction over other texts, recognizing them with appropriate oversight, and expanding the bodies entrusted with notification will reflect on its interpretive role, especially With regard to obligatory conformity control, compared to voluntary oversight or even its exercise of its supervisory jurisdiction resulting from the defense of unconstitutionality, the study also concluded that the founders of countries should pay attention to the jurisdiction of the Constitutional Court in interpretation, and the importance of controlling it so that the Constitutional Court does not turn into a constituent authority, and to make recommendations to enrich a document The amendment of the Algerian constitution in subsequent amendments.