The Mechanism for Defending Unconstitutionality and its Role in Establishing the Principle of Legal Security
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Date
2024-06-30
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة باتنة1-الحاج لخضر
Abstract
The role of the defense of unconstitutionality is highlighted in consecrating the principle of legal security, especially after its constitutionalization within the constitutional amendment of 2020, and the issuance of Organic Law No. 19/22, which specifies the procedures and methods of notification and referral followed before the Constitutional Court. This law grants litigants the power to resort to the judiciary to defend their rights and freedoms in order to achieve the principle of equality through indirect communication with the Constitutional Court.
The implementation of this mechanism is a positive step for the Algerian constitutional judiciary in achieving justice and the principle of legal security by involving citizens in purging the legal system of legislation and regulations that affect it. Despite the lack of jurisprudence related to defending unconstitutionality, time will judge the extent of its contribution to consolidating the principle of legal security. This motivates judges to take upon themselves the responsibility of protecting the rights and freedoms guaranteed by the Constitution.
Description
مقال منشور في المجلد 11- العدد02 (العدد التسلسلي 29) جوان 2024-مجلة الباحث للدراسات الاكاديمية جامعة باتنة1
Keywords
Defending unconstitutionality, Legal security, Role, Establishing
Citation
كلية الحقوق والعلوم السياسية