استقلالية السلطة القضائية كأهم ضمان للحق في التقاضي : دستور 96 نموذجا

Abstract EN

The right to litigation is one of the basic pillars of the legal system in society as a whole, as it aims to establish justice, which is a natural right of individuals.

The Constitution enshrines the principle of the independence and impartiality of the judiciary in the face of other authorities and pressures.

We find that the Algerian legislator is keen to achieve this independence of the judiciary and ensure the right to litigation, a set of guarantees and constitutional principles to protect the judge from other influences, and provide independence to exercise his noble and difficult career at the same time.

However, these constitutional and legal texts have been criticized for subjecting the judiciary to the executive branch, which we will explain in the following ways: What are the constitutional guarantees provided by the Algerian constitutional legislator (through Constitution 96), in order to preserve the independence of the judiciary and ensure the right to litigation? Did these constitutional provisions guarantee the legal independence of the judiciary? What are the imbalances contained in this? The third axis (the effect of the judge's choice of independence and impartiality) and the fourth axis (the Supreme Council of the Judiciary as a body that guarantees the independence of the judiciary).