دعوى الدفع بعدم دستورية القوانين في القضاء الدستوري الجزائري من المجلس الدستوري إلى المحكمة الدستورية

Abstract EN

The follower of constitutional law finds a remarkable development in the Algerian constitution, as the year 2016 is considered a fundamental change in the position of the constitutional legislator by adopting a new mechanism in the legal system, namely, the mechanism of advocating the unconstitutionality of laws under article 188, which sparked great controversy regarding the application of this new mechanism considering the it is a mechanism that gives individuals the right to object before a judicial authority to the constitutionality of the legislative ruling, on which the resolving of the dispute depends.

which necessitated amending the internal system of the constitutional council related to the latter’s work rules to make it in line with the last constitutional amendment as well as the organic law, so that another and new constitutional amendment came in the year 2020 creating the constitutional court to resolve the dispute that existed before about the legal nature of the constitutional council to clarify the direction of the constitutional legislator towards the consolidation of constitutional judicial oversight.