الدفع بعدم دستورية القوانين أمام القاضي الإداري في الجزائر وفرنسا

Abstract

The Control of the constitutionality of laws is one of the important guarantees to strengthen the rule of law and ensure more effective legal legitimacy. Where the traditional theory in the application of this guarantee includes in two models; the first concerns the model Anglo-Saxon and the judicial control of the constitutionality of laws, and the Latin model, which is the political control of the constitutionality of laws. In view of the propriety of the Anglo-Saxon model, the French constitutional founder and then the Algerian founder adopted a new mechanism to push the unconstitutionality of laws before the administrative and ordinary courts, which might represent a close Anglo-Saxon model on the one hand and a strengthening of the rule of law on the other.