علاقة الدستورية و تأمينها في الاجتهاد الدستوري

Abstract EN

In Algerian system, the constitution entrusted the Constitutional Council with a function of ensuring respect for the Constitution, to that end, enabled it to exercise constitutional control over the production of legal texts.

The subject of this function is ensuring that normative producers respect the topics and procedures provided by the Constitution for the validity of those texts.

And the constitutional text distinguished between two degrees of the validity between these texts and the Constitution, it is the constitutional relationship, which has translated by the Constitutional Council in its jurisprudence, to; Firstly Simple constitutional control for the constitutional amendment and the ordinary laws.

Secondly Strict conformity of the Constitution by the organic laws, and the internal regulations of the two chambers of Parliament.

What is noticed in the constitutional jurisprudence, is the vagueness of the simple constitutional relationship, As a result of the failure to referral the relevant texts to the control of the Constitutional Council, As well as its non-exercise for treaties and regulations, what has been corrected by the constitutional amendment of the 2016.