الإخطار و الدفع بعدم الدستورية أساس تفعيل الرقابة على دستورية القوانين و الأنظمة في الجزائر

Abstract EN

Oversighting the constitutionality of laws is considered one of the most important subjects states are focused on in the modern era, aiming to protect the principle of constitution supremacy and the consecration of the rule of law.

whether it is judicial in nature, political or both ; and whether this oversight activates through the method of notification only authorized to senior politicians in the state, or the method available to ordinary individuals, pleading the unconstitutionality of a legislative provision in defense of their rights and freedoms.

the two methods achieve constitutional oversight over legislation, treaties and regulations, even if there is a difference in the course and procedures of each method and in terms of the results and effects each one of them provides.

the Algerian constitutional founder did not deviate from this approach adopted by most constitutional systems in the world, granting jurisdiction over constitutional oversight to the constitutional court, which replaced the constitutional council.