CONSTITUTIONAL COURT OVERSIGHT OF INTERNATIONAL TREATIES: A RESTRICTION ON JURISDICTION OR A REALISTIC APPROACH TO INTERNATIONAL OBLIGATIONS?

Main Article Content

DJAGHAM MOHAMED, FAIZA DAHMOUCHE

Abstract

In the context of legal globalization and modeling of legal norms, international treaties are increasingly used as a source of international and national norms, especially in the light of the decline in the State's "reserved space" and the regulation of international norms on issues that were, in the near past, purely national accountability.


Constitutional censorship thus emerges as an effective means of maintaining consistency between legal norms of international origin and those of internal origin under the problematic relationship of the Treaty's entry into the national legal system Control of the constitutionality of treaties is characterized by specificity, influenced by a set of features, namely.


Our intervention will attempt to investigate these sections by analyzing the jurisdiction of the Constitutional Court under the Constitutional Amendment of 2020.

Article Details

Section
Articles

References

Mokhtari Abdel Karim, on oversight of the constitutionality of international treaties in Algeria: truncated texts and non-existent practice, Academic Journal of Legal Research, University of Bejaia, Volume 11, Issue 01, 2015, p. 236

Hassani Khaled, Enforcement of International Treaties in National Legal Systems, Journal of Law and Political Science, University of Khenchela, Volume Two, Issue Three, January 2015, p. 73.

Muhammad Abbas Mohsen,"The constitutional organization of the ratification of international treaties, a comparative study", Islamic College Magazine, University of Najaf Al-Ashraf, No14, 2011,p. 327.

Hassani Khaled, Enforcement of International Treaties in the Algerian Legal System, Journal of Constitutional Law and Political Institutions, Mostaganem University, First Issue, 2017, p. 158

Sabaa Zayan, The status of international treaties within the principle of hierarchy of laws in the Algerian constitutional system, Journal of Law and Humanities, University of Djelfa, Volume 9, Issue 4, 2016, p. 226.

Sohaila Gamoudi, The Fate of Human Rights Conventions in the Algerian Legal System, Journal of Law and Political Science, Volume 14, Issue 4, November 2021, p. 277.

Ibid., p. 280

Khalfan Karim and Sam Elias, “The relationship between the rules of international law and the provisions of constitutional law: Subordination, transcendence or complementarity?”, Journal of the Constitutional Council, Constitutional Council, Issue 03, 2014, p. 14.

For more on the conceptual rooting of the Constitutional Bloc, see: Myriam Akrour, The Constitutional Bloc from the Formation of the Concept to the Challenges of Application, Journal of Judicial Jurisprudence, Mohamed Kheidar University, Biskra, Volume 12, Issue 2, October 2020, p. 479 et seq.

Muhammad Bousultan, “Oversight of the Constitutionality of Treaties in Algeria,” Journal of the Constitutional Council, Algerian Constitutional Council, Issue 01, 2013, p. 49.

Muhammad Bou Sultan, opcit, p. 44

Kemal Gozler, “The question of the superiority of international norms on the constitution,” Revue of the federal faculties, Ankara University, Vol. 45, 1996, p 198.

Hasina Sharon,"The position of the international judiciary on the conflict between international agreements and internal law"The Thinker Magazine, Faculty of Lawand political scienceUniversity of Biskra, Issue 03, 2004, p 198.

Habib Hamdouni and Hafidha Choucair, Human Rights for Women between International Recognition and Reservations by Arab Countries, ed 1, Cairo Center for Human Rights Studies, 2008,p. 94.

-Khalfan Karim and Sam Elias,opcit,p23.

Muhammad Bousultan,opcit,p 49.

For more, see: Mukhtari Abdel Karim,"The effects of the principle of the supremacy of international treaties in protecting human rights in Algeria, incentives and obstacles",Published in the proceedings of the First International Forum on: “Human Rights in Light of the Current Arab Changes”, Beirut, Lebanon, Days 05-07 April 2013,p 680.

Bin Daoud Ibrahim, "Withdrawal from the Nuclear Non-Use Treaty in accordance with the rules of international law", Journal of Policy and Law Notebooks ,law faculty, University of Ouargla,Issue 08, 2013,p. 34.

Muhammad Yusuf Aloun Khalil Muhammad Al-Mousa, International Human Rights Law “Protected Rights”, C 02, 1st edition, Dar Al-Thaqafa for Publishing and Distribution, Amman, 2011,p. 54.

khairi ahmad Al-Kabbash ,Criminal Protection of Human Rights “A Comparative Study”, 1st edition, Dar Al-Jama’een, Alexandria, 2002,p. 751.