التشريع عن طريق الأوامر في ظل تعديل الدستور الجزائري لسنة 2016

Abstract EN

The specialty of legislation is one of parliament’s tasks in all political systems, including Algeria.

Due to the application of the principle of separation between authorities which states the independence of each authority in performing its tasks with an equation between all of them through cooperation and censorship especially between executive and legislative authorities.

the Algerian constitutions have devoted this principle, but the 1996’s constitution has given the president a superior status over other authorities, by giving him the ability to intervene in their specialties where he intervenes in the legislative field by ordersIn case of the absence of parliament, exceptional circumstances and the amendment of the constitution as the year 2016.

for this, the question that arises is; how did the Algerian constitutional review of the year 2016 treated the legislation by orders? Through our research we have reached a series of proposals, including; • This amendment is inadequate and insufficient because it didn’t devote the rules of the legislation through the orders regarding that it is governed by the authorization law, and not an inherent specialty of the President of the Republic