حق المواطن في الوصول للمحكمة الدستورية عن طريق الدفع لحماية حقوقه و حرياته

Abstract

"This study sought to analyze the status of the unconstitutionality plea mechanism within the Algerian constitutional system and to clarify its role as a procedural means enabling individuals to protect their constitutionally guaranteed fundamental rights and freedoms. This protection is achieved by allowing one of the parties to a dispute to raise a challenge to the constitutionality of a legislative or regulatory provision before the competent judicial authority, which, provided the formal and substantive conditions are met—particularly the conditions of standing and interest—refers the matter to the Constitutional Court for adjudication. The Constitutional Court exercises ex post facto review of the constitutionality of laws and rules on the repeal of provisions that violate the Constitution or confirms their constitutionality. The mechanism for challenging the constitutionality of laws was established in the 2016 amendment. In the 2020 amendment, the Constitutional Court was established in place of the Constitutional Council, with the aim of strengthening constitutional review and the independence of the constitutional judiciary. "