مجلة الباحث للدراسات الأكاديمية
Volume 11, Numéro 2, Pages 107-122
2024-06-30
The Mechanism For Defending Unconstitutionality And Its Role In Establishing The Principle Of Legal Security
Authors : Smaini Besma . Bendaoud Hocine .
Abstract
Abstract: The role of the defense of unconstitutionality is highlighted in consecrating the principle of legal security, especially after its constituationalization within the constitutional amendment of 2020, and the issuance of Organic Law No 19/22, which specifies the procedures and methods of notification and referral followed before the Constitutional Court, in granting litigants the power to resort to the judiciary to defend their rights and freedoms in order to achieve an investigation to the principle equality through indirect communication with the Constitutional Court, the implementation of this mechanism is a positive step that is counted for the Algerian constitutional judiciary in achieving justice and the principle legal security together, by involving the citizen in purging the legal system of legislation and regulations affecting it, despite the lack of jurisprudence related to defending unconstitutionality, Time will judge the extent of it’s contribution to consolidating the principle of legal security the thing that motivates the judge to take upon himself the care of a man who’s keen to protect the rights and freedoms guaranteed by the Constitution.
Keywords
Defending unconstitutionality ; Legal security ; Role ; Establishing
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