التعديلات الدستورية في الجزائر من التعديل الجزئي إلى الإصلاح الدستوري الشامل : دراسة لإجراءات التعديل القادم و مضمونه

Abstract EN

A constitution is the supreme law of a political community.

It is a set of fundamental legal rules according to which the state and the ruling regime are organized, and the public authorities and their terms of specialization and the relationship between them are defined.

In addition, human rights and freedoms are identified besides the means of assessing the protection of these rules, whether mentioned in the constitution with its formal sense, or in any other source of the constitutional law, even if it is customary legal rules.

Any state necessitates a constitution in order to organize the relationship between the ruler and the ruled.

In fact, the rulers are required to get access to authority and practice power within a certain framework set by the constitution.

In turn, the individuals exercise their constitutionally-approved rights and freedoms that are immune from being violated by the ruling authority.

This has made the constitution as a mechanism through which power and freedom are reconciled.

Laying down a constitution was one of the fundamental tasks that were assigned to the National Constituent Assembly, which was immediately elected after the Independence.

It approved the constitution project of 1963.

The latter was agreed on by the people’s referendum on September 08, 1963.

Then, it was followed by several constitutional stipulations, most notably those issued in 1976, 1989 and 1996.

Beside the various adjustments addressed to the constitutions of 1976 and 1996, Algeria has noticed four full constitutional provisions since its Independence.

It is something attractive to through an eye on if compared to the democratic states’ experiences where they experience constitutional stability, regardless of the partial reforms from time to time, as for the case of the United States of America and France.

Once again, Algeria is preparing for a new constitutional amendment for the end of 2014.

This time is meant to be permanent, after benefiting from the constitutional experiences that have affected the country since Independence as well as that successful ones in the democratic countries.

To shed light on the various constitutional reforms initiated by the President Abdelaziz Bouteflika on the 1996 Constitution since he took the presidency in 1999, in order to set a permanent constitution to the country, this paper will firstly present the emergent and partial constitutional amendments to the 1996 Constitution.

Secondly, we will try to explore the procedures and the content of the upcoming constitutional amendment that seems it will be global this time.