Revue Algérienne des Sciences Juridiques et Politiques
Volume 62, Numéro 2, Pages 172-184
2025-06-10

The Specificity Of The Appeal Of Unconstitutionality Before The Algerian Judicial Authorities

Authors : Ould Ali Tacfarines .

Abstract

One of the most important pillars on which the state of law is based is the protection of the Constitution from texts that affect the rights and freedoms it guarantees, even after its entry into force, as the Constitutional Founder introduced the mechanism to defend unconstitutionality in accordance with the 2016 amendment and confirmed it in the 2020 amendment, thus expanding the scope and scope of the intervention of subject judges at the level Ordinary and administrative judicial bodies include both legislative and regulatory provisions tainted by the defect of unconstitutionality, Lower and higher judges intervene to filter the Exceptions and ensure that the formal and substantive conditions are met to refer them to the Constitutional Court to ensure the protection of the principles of legality and the supremacy of the Constitution supremacy of the Constitution

Keywords

Filter ; Appeal ; Legitimacy ; the supremacy of the constitution