نظام اإلخطار أمام المحكمة الدستورية في ظل التعديل الدستوري 2020

Abstract

This thesis provides an in-depth analytical study of the constitutional "referral" (saisine) mechanism, the primary procedural engine for constitutional review in Algeria. The study highlights the paradigm shift introduced by the 2020 constitutional amendment, which marked the transition from a politically oriented Constitutional Council to an independent Constitutional Court. The research is structured around two main dimensions: the first examines the institutional framework of direct referral, emphasizing the expansion of referring entities to include the parliamentary minority. The second dimension focuses on the double-filtering system in indirect referral (the exception of unconstitutionality), a legal mechanism empowering citizens to defend their fundamental rights. The thesis concludes that the success of this oversight system relies on effective institutional practice and the constitutional judge's ability to delicately balance the state's legal security with the protection of individual liberties