الدفع بعدم الدستورية في النظام القانوني الجزائري

Abstract EN

In the framework of the recent constitutional amendment of 2016, the Algerian constitutional founder took a new direction and framework in the control of the constitutionality of laws through the activation of the mechanism of the pushing to the unconstitutionality under article 188 as a right of individuals and persons allowed to exercise remote control of laws that include violation of rights and freedoms guaranteed by the constitution in the trial before any administrative or ordinary judicial body when the judgment is based on a referral from the supreme court or the council of state and confirmation of the constitutionality of whether or not by the constitutional council.

as a reflection of this organic law no.

18/16 of September 02, 2018 was issued which defines the conditions and modalities of application of the pushing to the unconstitutionality, to reflect the different conditions, stages and procedures on which this process is based.

in this way, the Algerian legal system has provided a new way to activate the supervision of the constitutionality of laws from the contribution of individuals and persons in front of the judiciary to protect violated constitutional rights and freedoms.