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Guarantees for the Protection of Constitutional Justice in Algeria: From the Constitutional Council to the Constitutional Court in a Comparative Perspective

By Somia Kamel

Law and World · Vol. 12, No. 37, pp. 53-73 · 2026

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Abstract

Constitutional justice in many countries faces multiple challenges that affect the effectiveness of constitutional oversight institutions and the extent to which the rule of law and democracy are enshrined. In this context, Algeria, influenced by the Arab Spring revolutions and following the example of some comparable constitutional systems, has sought to develop its system of constitutional justice through successive constitutional reforms, The most recent of these was the 2020 Constitution, which approved the transformation of the Constitutional Council into a Constitutional Court, to strengthen guarantees for the protection of the Constitution and expand the scope of constitutional oversight.

Despite the importance of this transformation, it was not without problems that still raise questions about its effectiveness in achieving independent and effective constitutional justice, especially in light of the continuing dominance of the executive branch and the contradictions between the constitutional and regulatory provisions governing the Constitutional Court’s work. Based on this, this study aims to analyse the most prominent challenges facing constitutional justice in Algeria under the new constitution, using comparative constitutional systems that have been directly or indirectly affected by the Arab Spring, to highlight similarities and differences, and assess the adequacy of the guarantees adopted. The study also seeks to present a set of practical recommendations aimed at capitalising on this constitutional gain by avoiding the criticisms previously levelled at the Constitutional Council and closing the legal loopholes that may hinder the achievement of constitutional justice in line with the requirements of the rule of law.

Details

Publication type
Journal article
Author
  • Somia Kamel - Ph.D in Law, Professor lecture A, University of Adrar, Algeria
Journal
Law and World
Publication
March 31, 2026
Volume
12
Issue
37
Pages
53-73
Language
English
DOI
10.36475/12.1.4
ISSN
2346-7916
Institutions
University of Adrar
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Constitutional Law

Keywords

Constitutional review Constitutional Council Constitutional Court referral executive branch

Cite this record

Kamel, S. (2026). Guarantees for the Protection of Constitutional Justice in Algeria: From the Constitutional Council to the Constitutional Court in a Comparative Perspective. Law and World, 12(37), 53-73. https://doi.org/10.36475/12.1.4
Kamel, Somia. "Guarantees for the Protection of Constitutional Justice in Algeria: From the Constitutional Council to the Constitutional Court in a Comparative Perspective." Law and World 12, no. 37 (2026): 53-73. https://doi.org/10.36475/12.1.4.
@article{kamel2026_w5j065,
  title     = {Guarantees for the Protection of Constitutional Justice in Algeria: From the Constitutional Council to the Constitutional Court in a Comparative Perspective},
  author    = {Kamel, Somia},
  year      = {2026},
  journal   = {Law and World},
  volume    = {12},
  number    = {37},
  pages     = {53--73},
  doi       = {10.36475/12.1.4},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/957},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Kamel, Somia
TI  - Guarantees for the Protection of Constitutional Justice in Algeria: From the Constitutional Council to the Constitutional Court in a Comparative Perspective
PY  - 2026
JO  - Law and World
VL  - 12
IS  - 37
SN  - 2346-7916
DO  - 10.36475/12.1.4
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/957
AB  - Constitutional justice in many countries faces multiple challenges that affect the effectiveness of constitutional oversight institutions and the extent to which the rule of law and democracy are enshrined. In this context, Algeria, influenced by the Arab Spring revolutions and following the example of some comparable constitutional systems, has sought to develop its system of constitutional justice through successive constitutional reforms, The most recent of these was the 2020 Constitution, which approved the transformation of the Constitutional Council into a Constitutional Court, to strengthen guarantees for the protection of the Constitution and expand the scope of constitutional oversight. Despite the importance of this transformation, it was not without problems that still raise questions about its effectiveness in achieving independent and effective constitutional justice, especially in light of the continuing dominance of the executive branch and the contradictions between the constitutional and regulatory provisions governing the Constitutional Court’s work. Based on this, this study aims to analyse the most prominent challenges facing constitutional justice in Algeria under the new constitution, using comparative constitutional systems that have been directly or indirectly affected by the Arab Spring, to highlight similarities and differences, and assess the adequacy of the guarantees adopted. The study also seeks to present a set of practical recommendations aimed at capitalising on this constitutional gain by avoiding the criticisms previously levelled at the Constitutional Council and closing the legal loopholes that may hinder the achievement of constitutional justice in line with the requirements of the rule of law.
KW  - Constitutional review
KW  - Constitutional Council
KW  - Constitutional Court
KW  - referral
KW  - executive branch
KW  - კონსტიტუციური კონტროლი
KW  - საკონსტიტუციო საბჭო
KW  - საკონსტიტუციო სასამართლო
KW  - მიმართვა
KW  - აღმასრულებელი ხელისუფლება
SP  - 53
EP  - 73
ER  -
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