الدعوى الدستورية كضمانة دستورية وقضائية لضمان الحق

Abstract EN

The constitution is the highest law of a nation; the concept of its eminency was created over the ordinary laws and themes.

there is the concept of the establishment of the necessary exceptions over the supremacy.

to protect its supremacy the idea of auditing was adopted.

the British were the first who applied it followed by the Americans who were a British colony then the French after the French revolution, after Algerian independence, the idea was adopted in the constitution of 1989 after the foundation of the constitutional council however, the auditing was used in the political notification.

the same remained in the reform of 1996 and that of 2016 the auditing extended to juridical notification of the unconstitutionality of legislative judgments yet the 2020 reform shrank the number of those who have the right to the notification and added the juridical notification.

the purpose of this paper is to determine the unconstitutionality of the regulative judgment, clarification of the definition of the constitutional appeal and the role which it plays; considering it as preserving the law which keeps the individuals’ rights and protected freedoms that may oppose a text of the law; besides the constitutional appeal participate in the construction of a lawful nation; in addition to its characteristics of being either in rem or independent adding to that its conditions, ways and benefits of the judged ones.

the released judgment have the power over the things that have been judged and may applied to all.