Legislation by orders under the constitutional amendment of 2020

The Algerian constitution grants the President of the Republic the power to legislate by orders, as a manifestation of the parliamentary system. However, this power has been restricted by the constitutional establishment with several restrictions, some of which are substantive and some of them are formal, especially the subordination of orders to the oversight of the Constitutional Court and Parliament, in addition to taking them in the Council of Ministers and taking the opinion of the State Council on them.

The constitutional founder, in the text of Article 142 of the Constitutional Amendment of 2020, limited the cases in which the President of the Republic legislates by order, which are three cases represented in the vacancy of the National People’s Assembly, the parliamentary recess, and the exceptional case stipulated in Article 98 of the Constitution, as it included Article 146 of the same amendment is a fourth case, which is the issuance of the Finance Law by the President of the Republic if it has not been approved by Parliament within 75 days.