آلية الدفع بعدم الدستورية كضمانة لحماية حقوق وحريات الأفراد في ظل التعديل الدستوري لسنة 2020

Abstract: Constitutional control is one of the pillars of the rule of law. It is also a fundamental guarantee of the supremacy of the Constitution and of respect for its provisions on the one hand, and of the protection of the rights and freedoms of individuals guaranteed on the other hand. The Algerian constitutional founder adopted constitutional control and its schemes within a constitutional political body represented by the Constitutional Council. However, its limited work and ineffectiveness led to a review of the provisions relating thereto in 2016, particularly, those relating to notification, which was expanded which grants individuals the right to raise the issue of unconstitutionality through the mechanism of the exception of unconstitutionality. However, the will of the founder of the Constitution to guarantee the principle of the supremacy of the Constitution and to protect and strengthen the rights and freedoms of individuals has also made constitutional control part of the constitutional amendment for the year 2020, by transforming the Constitutional Council into a Constitutional Court by defining its powers and notification mechanisms, including the mechanism of the exception of unconstitutionality. Given its aforementioned importance, we have decided that it should be the subject of our intervention, which aims to show to what extent this mechanism contributes to the protection of the rights and freedoms of individuals in the light of the constitutional amendment for year 2020, and whether it can effectively activate the role of the Constitutional Court and promote constitutional justice, by identifying the gaps and obstacles that arise without achieving these objectives, and finding solutions to them. Consequently, we will divide this study into two parts, and in the first part, we will deal with the aspects of the protection of rights and freedoms through the conditions the exception of unconstitutionality, then the procedures of the exception of unconstitutionality, as well as their effects in the second part, to conclude with some remarks and recommendations that we consider appropriate to activate the work of the Constitutional Court and protect the rights and freedoms of individuals.

Keywords: Exception, Unconstitutionality, Constitutional Court, the rights, freedoms