الطبيعة القانونية لرقابة المحكمة الدستورية

Abstract

The Algerian legislator adopted the principle of monitoring the constitutionality of laws, embodying its application initially under the name of the Constitutional Council, in all successive constitutions except for the 1976 constitution until it was replaced by the Constitutional Court in the constitutional amendment of 2020, as a supervisory body aimed at protecting the constitution and state institutions and preserving the rights and freedoms of individuals, and in support of the principle Separation of powers. Where the constitutional founder sought to give a judicial character to the oversight role of the Constitutional Court in order to activate its judicial function, in contrast to what it used to be in the Constitutional Council, which used to play a political oversight role in accordance with the articles of the 2016 constitution, some of whose provisions in this aspect remained without any amendment, such as the power of the President of the Republic to The appointment of some of its members, which prompts us, through this paper, to try to determine the nature of the Constitutional Court's oversight of the constitutionality of laws, whether it is purely judicial, or has a dual judicial and political nature at the same time.