دور المحكمة الدستورية في رقابة المطابقة على ضوء التعديل الدستوري الجزايري 2020

Abstract

The Constitutional Court is a new institution within the state supervisory institutions, which has not been previously included in successive Algerian constitutions since independence, both in terms of its name, nature, composition, competencies and tasks, and as an independent supervisory institution charged with ensuring effective respect for the Constitution, the Constitutional Court, established by the Algerian constitutional amendment of 2020, has replaced the Constitutional Council, which was considered a supervisory body of a political nature, unlike the Constitutional Court, which is supposed to be of a judicial nature and is different from the Constitutional Council, and it plays an important role in promoting democratic practice in Algeria, by during the guarantee of respect for the Constitution, especially the provisions Related to the embodiment of what is contained in its preamble. The Constitution occupies the highest peak of the legislative pyramid in the state, it surpasses all other laws and legislations issued by public authorities, including the legislative authority, and if the Constitution surpasses the rest of the legislation and public authorities in the state, then His Highness is a mock and meaningless verbal if these legislations and authorities can violate it and not be consistent with it, so there must be adequate guarantees to respect its provisions, and one of the most prominent of these guarantees to achieve this end is the compliance control exercised by the Constitutional Court, which has a major role in following up on legislation issued by approving what is consistent with the Constitution and the cancellation of what is contrary to him, which makes the judiciary able to issue His judgments are fair and impartial, being based on a valid legal basis. With this role assigned to the Algerian Constitutional Court, in particular, monitoring the conformity of laws with the Constitution, the most important of which is monitoring the conformity of organic laws and the internal regulations of the two chambers of Parliament, which are subject to the supervision of the Constitutional Court before issuing them, if they complement the Constitution, and therefore it was necessary to monitor their compliance with it and cancel all violations of these laws of the Constitution before issuing and implementing them