تنظيم وعمل لرلس الدولة

Abstract

The State Council is a newly established institution that emerged with the 1996 constitution and was enshrined in Organic Law 01/98; It has two jurisdictions, one judicial and the other advisory. The Algerian State Council is the only constitutional judicial body that, in addition to its judicial competencies, exercises advisory jurisdiction, which is its control over draft laws proposed by the government, and this is enshrined in Article 119 of the Constitution, as well as what Article 41 of Organic Law 98/01 provides. The state, through this function, aims to enrich the legal system and ensure the homogeneity of provisions. However, the function of the State Council continues to suffer from some shortcomings, the most important of which is the narrowing of its scope by the constitutional founder, as it includes only draft laws without transgressing them to orders or proposing laws. 153 granted her this task, as the Algerian legislator should have taken the initiative to expand the scope of the State Council to contribute in one way or another to strengthening the path of the rule of law, through his function assigned to him by the constitution, thus becoming a partner in making legislation alongside other authorities.