آلية الدفع بعدم الدستورية وآثارها على حقوق وحريات الافراد

Abstract

This study aimed to examine the importance of the mechanism for pleading unconstitutionality and the extent to which thealgerian regime has adopted this mechanism as a guarantee for the protection of individual rights and freedoms guaranteed by the constitution. This mechanism involves a lawsuit filed by one of the parties before the constitutional court, via notification and referral by the higher judicial authorities, in accordance with formal and substantive procedures, with the applicant having the necessary standing and interest. The constitutional court then decides on the unconstitutionality of the contested legislative or regulatory text, excluding it from the legal system if it deem it to be in violation of constitutional rules or retaining it if otherwise proven. Our findings indicate that algeria adopted the mechanism for pleading unconstitutionality in the 2016 constitutional amendment, thus entrusting the constitutional council with the oversight role of pleading unconstitutionality. With the advent of the 2020 constitutional amendment, The constitutional court was created to replace the constitutional council, with change in composition and a reduction in the number representatives and numbers of both chambers of parliament, number of the constitutional court enjoy immunity as guarantee to protect the rights and freedoms of individuals guaranteed by the constitution , this is to achieve the principle of the supremacy of the constitution and the principle of legitimacy, with the aim of achieving legal security to embody the state of law and justice.