The exception of unconstitutionality: A permissible a posteriori review under the 2020 constitutional Amendment
Keywords:
Exception of Unconstitutionality, Constitutional Court, a posteriori ReviewAbstract
Through the 2020 constitutional amendment, the constitutional legislator established the Constitutional Court to replace the Constitutional Council. Among its assigned tasks is the review of the constitutionality of laws and regulations at a later stage after their promulgation. This mechanism guarantees, to some extent, the rights and freedoms of individuals, and its procedures are regulated by Organic Law 22-19. This research will examine the substantive and procedural requirements for filing an exception of unconstitutionality before the Constitutional Court, as well as the legal consequences of such a exception.
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1. Qazlan Salima, “The Main Features of the Mechanism of Plea of Unconstitutionality in Light of the Recent Constitutional Review of 2016 (Comparative Study: France as a Model),” Algerian Journal of Legal, Economic and Political Sciences, Vol. 54, No. 01, March 2017.
2. Mohamed Bousaltan, “Procedures for the Plea of Unconstitutionality: New Algerian Horizons,” Constitutional Council Journal, No. 08, 2017.
3. Okil Mohamed Amin, “The Role of the Judiciary in Activating the Mechanism of Plea of Unconstitutionality in Algeria: A Comparative Study with the French Model,” Annals of the University of Algiers 02, Issue 32, Part 2, June 2018.
4. Lalaoui Marwan, Dr. Mouloud Didan, “Rules for the Mechanism of Plea of Unconstitutionality of Laws in Algeria,” Judicial Interpretation Journal, University of Mohamed Khider Biskra, Vol. 14, October 2022.
5. Boumediene Mohamed, 2019, “Adequacy of Plea of Unconstitutionality in Ensuring the Supremacy of the Algerian Constitution,” Journal of Jurisprudence and Law, Morocco, Issue 86.
6. El-Hashimi Brahimi, “Plea of Unconstitutionality as a Mechanism for Protecting Rights and Freedoms,” Constitutional Council Journal, Special Issue, Proceedings of the International Colloquium: The Constitution in the Service of Citizens—Major Axes of the 2020 Constitutional Amendment, October 5–6, 2020, Issue No. 14, 2020.
7. Waali Yasmine, 2019, “Effectiveness of Constitutional Review of Presidential Decrees in Algeria,” Journal of Legal and Political Research, University of Jijel.
8. Zwaid Murad, Adu Abdelkader, 2021, “Conditions for Exercising the Plea of Unconstitutionality Before Judicial Bodies: Analytical Comparative Study between Algerian, French, and Egyptian Law,” Maaref, Vol. 16, Issue 02.
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