THE JUDICIAL LIQUIDATION OF THE EXCEPTION OF UNCONSTITUTIONALITY IN ALGERIA
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Abstract
The exception of unconstitutionality is an important development in the system of control of the constitutionality of laws in Algeria. It allows litigants to challenge legislative or regulatory provisions that violate rights guaranteed by the Constitution. Organic Law No. 22-19 provides the legal framework for the implementation of this mechanism through the double judicial resolution of the exception of unconstitutionality. The exception can be raised before the lower judicial authorities of the ordinary or administrative judiciary, which are responsible for verifying the formal and substantive conditions of the memorandum on the exception of unconstitutionality. It is then referred to higher judicial authorities, represented by the Supreme Court or the Council of State, depending on the case, to verify the seriousness of the exception of unconstitutionality. Finally, it is referred to the Constitutional Court to rule on the constitutionality of the legislative or regulatory provisions against which the exception has been raised.
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References
The Algerian Constitution, Journal Official No. 82, of 30 December 2022.
Organic Law No. 98-01, relating to the organization, functioning and jurisdiction of the Council of State, Journal Official, issue no. 30, of 30 May 1998, as amended and supplemented by Organic Law No. 22-11, Journal Official, issue no. 41, of 16 June 2022.
Organic Law No. 11-12 regulating the organization, functioning and jurisdiction of the Supreme Court, Journal Official, issue no. 42 of 31 July 2011.
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