مجلة المفكر
Volume 19, Numéro 1, Pages 563-578
2024-06-30
The Limitation Of The Independence Of The Algerian Constitutional Court
Authors : Dench Riadh .
Abstract
The establishment of the Constitutional Court pursuant to the November 2020 amendment to the Constitution opened a broad discussion about the reasons and objectives for establishing this constitutional body, the method of its formation and the powers assigned to it, and whether it will have an effectiveness and a fundamental role that differs from the role that the Constitutional Council played previously. Among the most important problems raised by the issue of the Constitutional Court is the search for the extent of the independence of this body from both the organic and functional aspects, as stipulated in the 2020 Constitutional Amendment in Article 185 thereof, to form a body that guarantees respect for the Constitution, including the preservation of the rights and freedoms of individuals, the proper functioning of institutions, and the activities of public authorities. The court’s formation is linked to the intervention of the executive authority, and the limitation of its working mechanism to “notification” makes the court’s independence limited, and it is a topic that needs deep discussion in order for it to have an effective role and achieve the goal for which it was established.
Keywords
Constitutional Court ; the independence ; Constitution ; Algeria
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