الرقابة المتبادلة بين البرلمان والحكومة كضمانة لحماية القاعدة الدستورية في ظل التعديل الدستوري 2016

Abstract EN

The exchanging censorship between government and parliament has exceeded, amid the endeavor of the Algerian constitutional founder towards realizing the state of law and the traditional objectives.

after having the principle of authorities separation as a concern for the state system in whole, the objective today is the democratic system which require this principle to be realized, in its new form that is not merely affecting and contributing between government and parliament but is censoring them as a foundation to have the state of law, which in turn is the pillar to balance between the two authorities.

doing so, censorship alone is not sufficient, but having its objective to maintain the highest law in the state hierarchy.

the constitutional amendment of 2016 has founded for such exchanging censorship in separated texts.

with regard to parliament censorship, there are mechanisms of investigation and inquiry along with discussing the work plan of government and statement of general policy.

but with a flaw that government is imposing domination, for having such mechanisms very restricted and limited and never conforming to the democratic law.

the government has not just provided censorship mechanisms, but after dominating the parliament proceedings, it extends to deprive the parliament from many mechanisms as arms to end it, though the parliament has some mechanisms to confront, but still deemed as frozen and threatened of end by the government.

therefore, this censorship between the government and parliament in the algerian constitutional system has overrode the objective of protecting the constitutional text, to protecting political objectives, the fact that entails having more mechanisms supporting the parliament and minimizing the government freedom to effectively protect the constitutional text, taking into consideration the democratic building has exceeded the problem of protecting constitutional text for both authorities, to oblige them to protect it being careful enforcing its texts and embodying its principles.