الدور الاستشاري لمجلس الدولة في الجزائر

Abstract EN

The 1996 constitution adopted the system of judicial duality.

In addition to the regular judiciary, an administrative judiciary was created, based on administrative courts, headed by the State Council.

This last body was granted by the constitution a judicial function, which is the settlement of disputes, and an advisory function no less important than it, represented in expressing its opinion on projects The laws initiated by the government to assist in revising it and clearing it of impurities, and despite this importance, the opinion issued by it is not binding, the government may take it or leave it aside.

Every oversight, and this is a positive step to strengthen the state of truth and law and preserve rights and freedoms.

However, a large part of legislative and executive activity remains in which the State Council cannot express its opinion in it, such as presidential or executive decrees, nor proposals for laws submitted by members of Parliament.