المخالفة الشكلية للدستور

Abstract

This study examines the formal violation of the Constitution as one of the aspects of constitutional review of legislation, based on the principle of the supremacy of the Constitution and the obligation to comply with constitutional procedures and formal requirements during the legislative process. It also aims to define the concept of formal constitutional violation, its various forms, and its legal implications, while analyzing the constitutional rules governing the competence of legislative authorities and the procedures for enacting laws within the Algerian constitutional system. The study concludes that compliance with constitutional procedural requirements constitutes a fundamental guarantee of the legality and constitutionality of legislation. Failure to observe these requirements may lead to a declaration of unconstitutionality, highlighting the essential role of the Constitutional Court in safeguarding constitutional legitimacy and reinforcing the rule of law.