{"id":6099,"date":"2013-01-02T22:29:42","date_gmt":"2013-01-02T22:29:42","guid":{"rendered":"http:\/\/lawin.org\/?p=6099"},"modified":"2013-01-02T22:29:42","modified_gmt":"2013-01-02T22:29:42","slug":"constitutional-text-algeria-1963-amended-2002","status":"publish","type":"post","link":"https:\/\/lawin.org\/constitutional-text-algeria-1963-amended-2002\/","title":{"rendered":"Constitutional Text: Algeria 1963, Amended 2002"},"content":{"rendered":"

CONSTITUTION OF THE PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA
\nSEPTEMBER 10, 1963, AS AMENDED TO APRIL 10, 2002
\nPreamble
\nThe Algerian people are a free people, and decided to
\nremain so.
\nIts history is a long series of struggles that always made
\nAlgeria a land of freedom and dignity.
\nBeing at the heart of great events witnessed by the
\nMediterranean area throughout history, Algeria has
\nfound in her sons, since the Numid era and the Islamic
\nepic and up to the wars of decolonization, the pioneers
\nof freedom, unity and progress as well as builders of
\ndemocratic and prosperous States during the periods of
\nglory and peace.
\nThe 1st of November 1954 was a turning point for its
\ndestiny and a crowning for the tong resistance to
\naggressions carried out against its culture, its values
\nand the fundamental components of its identity which
\nare Islam, Arabity and Amazighity. Its current struggles
\nare well rooted in the glorious past of the nation.
\nGathered in the national movement and later within the
\nNational Front of Liberation, the Algerian people have
\nmade great sacrifices in order to assume their collective
\ndestiny in the framework of recovered freedom and
\ncultural identity and to build authentic people’s
\ndemocratic constitutional institutions.
\nThe National Front of Liberation crowned the sacrifices
\nof the best sons of Algeria during the People’s war of
\n 2<\/p>\n

liberation with independence and built a modern and full
\nsovereign State.
\nThe belief in the collective chokes allowed the people to
\nachieve great successes, characterized by the recovery
\nof the national resources and the building of a State
\nexclusively for the benefit of the people and exercising
\nfreely its powers and without any external pressures.
\nHaving fought and still fighting for freedom and
\ndemocracy, the Algerian people, by this Constitution,
\ndecided to build constitutional institutions based on the
\nparticipation of any Algerian, man and woman, in the
\nmanagement of public affairs; and on the ability to
\nachieve social Justice, equality and freedom for all.
\nThe Constitution is the concretisation of the People’s
\ngenius, the reflection of their aspirations, the fruit of
\ntheir determination and the product of the deep social
\nchanges. Thus, in approving this Constitution, the
\nPeople are, more than ever, decided to consider the law
\nabove everything.
\nThe Constitution is above all, it is the fundamental law
\nwhich guarantees the individual and collective rights and
\nliberties, protects the principle of the People’s free
\nchoke and gives the legitimacy to the exercise of
\npowers. It helps to ensure the legal protection and the
\ncontrol of the public authorities in a society in which
\nlawfulness and man’s progress prevail in all its
\ndimensions.
\nStrong with their deeply rooted spiritual values and
\npreserving their traditions of solidarity and justice, the
\npeople are confident in their ability to participate
\nefficiently in the cultural, social and economic progress
\nof the present and future world.
\n 3<\/p>\n

Algeria, being a land of Islam, an integral Part of the
\nGreat Maghreb, an Arab land, a Mediterranean and
\nAfrican country<\/a> is proud of the radiance of its 1st of
\nNovember Revolution and is honored by the respect the
\n country<\/a> gained and knew how to preserve it through its
\nengagement towards the just causes in the world.
\nThe pride of the People, their sacrifices, their sense of
\nresponsibility and their ancestral attachment to freedom
\nand to social justice are the best guaranty for the
\nrespect to this Constitution which they adopt and
\ntransmit to future generations, heirs of the freedom
\npioneers and the builders of free society.
\nPart I
\nGeneral Principles Governing the Algerian Society
\nChapter I
\nAlgeria
\nArticle 1. Algeria is a People’s Democratic Republic. It is one and
\nindivisible.
\nArticle 2. Islam is the religion of the State.
\nArticle 3. Arabic is the national and official language.
\nArticle 3a. Tamazight is also national language.
\nThe State works for its promotion and development in all its
\nlinguistic variations used all over the national territory.
\n(Translation from General Secretariat of Government)
\nArticle 4. The capital of the Republic is ALGIERS.
\nArticle 5. The national flag, the State seal and the national anthem
\nare defined by the law.
\n 4<\/p>\n

Chapter II
\nThe People
\nArticle 6. The People are the source of any power.
\nThe national sovereignty belongs exclusively to the People.
\nArticle 7. The constituent power belongs to the People.
\nThe People exercise their sovereignty through institutions they set
\nup.
\nThe People exercise it by means of referendum and through the
\nelected representatives.
\nThe President of the Republic may resort directly to the expression
\nof the People’s will.
\nArticle 8. The People set up institutions having as objectives:
\n– the safeguard and consolidation of the national
\nindependence;
\n– the safeguard and consolidation of the national identity and
\nunity;
\n– the protection of fundamental liberties of the citizen and the
\nsocial and cultural progress of the Nation;
\n– the suppression of the exploitation of man by mail;
\n– the protection of the national economy from any form of
\nembezzlement or misappropriation, illegitimate monopolizing
\nor seizure.
\nArticle 9. The institutions are not allowed:
\n 5<\/p>\n

– feudal, regionalist and nepotic practices;
\n– setting up exploitation relationships and dependence links;
\n– practices that are contrary to the Islamic ethics and to the
\nvalues of the November Revolution.
\nArticle 10. The People choose freely their representatives.
\nThe representation of the People has no limits except those defined
\nby the Constitution and the electoral law.
\nChapter III
\nThe State
\nArticle 11. The State takes its legitimacy and its raison d’etre from
\nthe People’s will.
\nIts motto is “By the People and for the People.\u201d
\nIt is exclusively for the service of the People.
\nArticle 12. The sovereignty of the State is exercised on its
\nterrestrial space, its air space, and its waters.
\nThe State also exercises its sovereign right established by the
\ninternational law on any of its various areas of the maritime space
\nto which they belong.
\nArticle 13. In any circumstances should a Part of the national
\nterritory be abandoned or alienated.
\nArticle 14. The State is based on the principles of democratic
\norganization and of social justice.
\nThe elected Assembly is the framework in which is expressed the
\npeople’s will and the control of the public authorities is exercised.
\n 6<\/p>\n

Article 15. The territorial collectivities of the State are the
\n\u201cCommune” and the “Wilaya.\u201d
\nThe “Commune” is the basic collectivity.
\nArticle 16. The elected assembly represents the basis of
\ndecentralization and a place of the citizens’ participation in the
\nmanagement of public affairs.
\nArticle 17. Public property belongs to the national collectivity.
\nIt includes the underground, the mines and quarries, the natural
\nresources of energy, the mineral, natural and living resources in the
\nvarious national maritime areas, waters and forests.
\nIt also includes rail, maritime and air transport, the mail and
\ntelecommunications as well as other properties defined by the law.
\nArticle 18. The national properties are defined by the law.
\nThey include public and private properties of the State, the “Wilaya\u201d
\nand the “Commune\u201d .
\nThe management of the national properties is carried out in
\naccordance with the law.
\nArticle 19. The organization of external trade is the domain of the
\nState only.
\nThe law defines the conditions and control of external trade.
\nArticle 20. Expropriation can be carried out only within the
\nframework of the law.
\nIt gives right to a prior, just and fair compensation.
\nArticle 21. The functions in the State institutions should neither be
\na source of wealth nor a means of being for the service of private
\ninterests.
\n 7<\/p>\n

Article 22. Power abuse is repressed by the law.
\nArticle 23. The Administration’s impartiality is guaranteed by the
\nlaw.
\nArticle 24. The State is responsible for the security of persons and
\nproperties. It ensures the protection of every citizen abroad.
\nArticle 25. The enhancement and the development of the defense
\ncapacity of the Nation are organized within the National People’s
\nArmy.
\nThe permanent task of the National People’s Army is to safeguard
\nthe national independence and to defend the national sovereignty.
\nIt ensures the defense of the country’s unity and the territorial
\nintegrity as well as the protection of its terrestrial and air space,
\nand the various areas of its maritime space.
\nArticle 26. Algeria does not resort to war in order to undermine the
\nlegitimate sovereignty and the freedom of other peoples.
\nIt puts forth its efforts to settle international disputes through
\npeaceful means.
\nArticle 27. Algeria associates itself with all the peoples fighting for
\ntheir political and economic liberation, for the right of self-
\ndetermination and against any racial discrimination.
\nArticle 28. Algeria works for the reinforcement of international
\ncooperation and to the development of friendly relations among
\nStates, on equal basis, mutual interest and noninterference in the
\ninternal affairs. It endorses the principles and objectives of the
\nUnited Nations Charter.
\nChapter IV
\nRights and Liberties
\n 8<\/p>\n

Article 29. All citizens are equal before the law. No discrimination
\nshall prevail because of bind, race, sex, opinion or any other
\npersonal or social condition or circumstance.
\nArticle 30. The Algerian nationality is defined by the law.
\nConditions for acquiring, keeping, losing or forfeiture of the
\nAlgerian nationality are defined by the law.
\nArticle 31. The aim of the institutions is to ensure equality of rights
\nand duties of all citizens, men and women, by removing the
\nobstacles which hinder the progress of human beings and impede
\nthe effective participation of all in the political, economic, social and
\ncultural life.
\nArticle 32. The fundamental human and citizen’s rights and
\nliberties are guaranteed. They are a common heritage of all
\nAlgerians, men and women, whose duty is to transmit it from
\ngeneration to another in order to preserve it and keep it inviolable.
\nArticle 33. Individual or associative defense of the fundamental
\nhuman rights and individual and collective liberties is guaranteed.
\nArticle 34. The State guarantees the inviolability of the human
\nentity.
\nAny form of physical or moral violence or breach of dignity is
\nforbidden.
\nArticle 35. Infringements committed against rights and libel ties
\nand violations of physical or moral integrity of a human being are
\nrepressed by the law.
\nArticle 36. Freedom of creed and opinion is inviolable.
\nArticle 37. Freedom of trade and industry is guaranteed, it is
\ncarried out within the framework of the law.
\n 9<\/p>\n

Article 38. Freedom of intellectual, artistic and scientific innovation
\nis guaranteed to the citizen.
\nCopyrights are protected by the law.
\nThe seizure of any publication, recording or any other means of
\ncommunication acid information can only be done in pursuance of a
\nwarrant.
\nArticle 39. The private life and the honour of the citizen are
\ninviolable and protected by the law.
\nThe secrecy of private correspondence and communication, in any
\nform, is guaranteed.
\nArticle 40. The State guarantees home inviolability. No thorough
\nsearch can be allowed unless in pursuance of the law and in
\ncompliance with the latter. The thorough search can only be in
\npursuance of a search warrant emanating from the competent
\njudicial authority.
\nArticle 41. Freedom of expression, association and meeting are
\nguaranteed to the citizen.
\nArticle 42. The right to create political parties is recognized and
\nguaranteed.
\nHowever, this right cannot be used to violate the fundamental
\nliberties, the fundamental values and components of the national
\nidentity, the national unity, the security and the integrity of the
\nnational territory, the independence of the country and the People’s
\nsovereignty as well as the democratic and Republican nature of the
\nState.
\nIn respect to the provisions of the present Constitution, the political
\nparties cannot be founded on religious, linguistic, racial, sex,
\ncorporatist or regional basis. The political parties cannot resort to
\npartisan propaganda on the elements mentioned in the previous
\nparagraph.
\n 10<\/p>\n

Any obedience, in any form of the political parties to foreign
\ninterests or parties is forbidden.
\nNo political party can resort to any form of any nature of violence or
\nconstraint.
\nOther obligations and duties are prescribed by the law.
\nArticle 43. The right to create associations is guaranteed.
\nThe State encourages the development of associative movement.
\nThe law defines the conditions and clauses of the creation of
\nassociations.
\nArticle 44. Any citizen enjoying his civil and political rights has the
\nright to choose freely his place of dwelling and to move on the
\nnational territory.
\nThe right of entry and exit from the national territory is guaranteed.
\nArticle 45. Any person is presumed not guilty until his culpability is
\nestablished by a regular jurisdiction with all the guarantees required
\nby the law.
\nArticle 46. None is guilty unless it is in accordance with a
\npromulgated law prior to the incriminated action.
\nArticle 47. None can be pursued, arrested or detained unless within
\nthe cases defined by the law and in accordance with the forms
\nprescribed.
\nArticle 48. In the field of penal investigation, custody is under
\njudiciary control and cannot exceed forty-eight (48) hours.
\nThe person held in custody has the right to be immediately in
\ncontact with his family.
\n 11<\/p>\n

The extension of the period of custody can occur, exceptionally,
\nonly within the conditions established by the law.
\nAt the expiry of the period of custody, it is compulsory to proceed
\nto a medical examination of the person detained if this latter asks
\nfor it, and in any cases, this person is informed of this right.
\nArticle 49. Miscarriage of justice leads to compensation by the
\nState. The law determines the conditions and modes of
\ncompensation.
\nArticle 50. Any citizen fulfilling the legal conditions can elect and
\nbe elected.
\nArticle 51. Equal access to functions and positions in the State is
\nguaranteed to all citizens without any other conditions except those
\ndefined by the law.
\nArticle 52. Private property is guaranteed.
\nThe right to inherit is guaranteed.
\nThe “Wakf\u201d properties and the foundations are recognized; the law
\nprotects their intended purpose.
\nArticle 53. The right for Education<\/a> is guaranteed. Education<\/a> is free
\nwithin the conditions defined by the law.
\nFundamental education is compulsory.
\nThe State organizes the educational system.
\nThe State ensures the equal access to education and professional
\ntraining.
\nArticle 54. All citizens have the right for the protection of their
\nhealth.
\n 12<\/p>\n

The State ensures the prevention and the fight of endemics and
\nepidemics.
\nArticle 55. All citizens have right for work.
\nThe law guarantees the right for protection, security and hygiene at
\nwork.
\nThe right to rest is guaranteed; the law defines the relevant clauses.
\nArticle 56. The trade union right is recognized to all citizens.
\nArticle 57. The right to strike is recognized; it is carried out within
\nthe framework of the law.
\nThe law may forbid or limit the strike in the field of national
\ndefense and security or in any public service or activity of vital
\ninterest for the community.
\nArticle 58. The family gains protection from the State and the
\nsociety.
\nArticle 59. The living conditions of the citizens under the age of
\nworking or those unable or can never be able to work are
\nguaranteed.
\nChapter V
\nDuties
\nArticle 60. Ignorance of the law is no excuse.
\nEvery person should abide by the Constitution and comply with the
\nlaws of the Republic.
\nArticle 61. The duty of every citizen is to protect and safeguard the
\nindependence of the country and the integrity of its national
\nterritory as well as all the symbols of the State.
\n 13<\/p>\n

Treason, spying, obedience to the enemy as well as all the
\ninfringements committed against the State security are severely
\nrepressed by the law.
\nArticle 62. Every citizen should, loyally, fulfill his obligations
\ntowards the national community. The commitment of every citizen
\ntowards the Mother Country and the obligation to contribute to its
\ndefense are sacred and permanent duties.
\nThe State guarantees the respect of the symbols of the Revolution,
\nthe memory of the “chouhada\u201d and the dignity of their rightfuls, and
\nthe “moudjahidine.\u201d
\nArticle 63. All the individual liberties are carried out within the
\nrespect of the rights of others recognized by the Constitution, in
\nparticular, the respect of the right for honour, intimacy and the
\nprotection of the family, the youth and childhood.
\nArticle 64. The citizens are equals before the taxes.
\nEveryone should participate in financing the public expenses, in
\naccordance with his contributory capacity.
\nNo taxes can be laid down unless in accordance with the law.
\nNo tax, contribution or duty of any nature can be laid down with a
\nretrospective effect.
\nArticle 65. The law sanctions the duty of parents in the education
\nand protection of their children as well as the duty of the children in
\nhelping and assisting their parents.
\nArticle 66. The duty of every citizen is to protect the public
\nproperty and the interests of the national community and to respect
\nthe property of others.
\nArticle 67. Any foreigner being legally on the national territory
\nenjoys the protection of his person and his properties by the law.
\n 14<\/p>\n

Article 68. None can be extradited unless in accordance and in
\nimplementation of the extradition law.
\nArticle 69. In no case, a political refugee having legally the right of
\nasylum can be delivered or extradited.
\nPart II
\nOrganization of Powers
\nChapter I
\nThe Executive Power
\nArticle 70. The President of the Republic, Head of the State,
\nembodies the unity of the Nation. He is the guarantor of the
\nConstitution.
\nHe embodies the State within the country and abroad.
\nHe addresses the Nation directly.
\nArticle 71. The President of the Republic is elected by direct, secret
\nand universal suffrage.
\nThe election acquired through the absolute majority of the
\nexpressed votes.
\nThe other modes of presidential election are defined by the law.
\nArticle 72. The President of the Republic exercises the supreme
\nmagistracy within the limits defined by the Constitution.
\nArticle 73. To be eligible to the Presidency of the Republic, the
\ncandidate should:
\n– have, solely, the Algerian nationality by origin;
\n– be a Muslim;
\n 15<\/p>\n

– be more than forty (40) years-old the day of the election;
\n– enjoy full civil and political rights;
\n– prove the Algerian nationality of the spouse;
\n– justify his participation in the 1st of November 1954
\nRevolution for the candidates born before July 1942;
\n– justify the noninvolvement of the parents of the candidate
\nborn after July 1942, in actions hostile to the 1st of November
\n1954 Revolution;
\n– submit a public declaration of his personal and real estate
\nexisting either within Algeria or abroad.
\n– Other conditions are prescribed by the law.
\nArticle 74. The duration of the presidential mandate is five (5)
\nyears.
\nThe President of the Republic can be reelected once only.
\nArticle 75. The President of the Republic takes an oath before the
\nPeople and in the presence of the high authorities of the Nation, in
\nthe week following his election.
\nHe enters into of lice after taking the Oath.
\nArticle 76. The President of the Republic takes the Oath in the
\nfollowing terms:
\n 16<\/p>\n

Translation of the terms of the Oath provided for in Article 76 of
\nthe Constitution:
\n\u201cIn the Name of God the Merciful and the Compassionate
\nfaithful to the great sacrifices and to the memory of our
\nmartyrs as well as to the ideals of the eternal November
\nRevolution. I do solemnly swear by God the almighty that I will
\nrespect and glorify the Islamic religion, defend the
\nConstitution, see to the continuity of the State and provide the
\nnecessary conditions for the normal functioning of the
\nreinforcement of the democratic process, respect the free
\nchoice of the people as well as the institutions and laws of the
\nRepublic, preserve the integrity of the national territory, the
\nunity of the people and the nation, protect the fundamental
\nhuman and citizen’s rights and liberties, work for the
\ndevelopment and progress of the people and put all my
\nstrength to the achievement of the great ideals of justice,
\nfreedom and peace in the world. God is my witness.\u201d
\nArticle 77. In addition to the powers bestowed, explicitly, upon him
\nby Other provisions<\/a> of the Constitution the President of the Republic
\nhas the following powers and prerogatives:
\n 17<\/p>\n

– he is the Supreme Head of all the Armed Forces of the
\nRepublic;
\n– he is responsible for the National Defense;
\n– he decides and conducts the foreign policy of the Nation;
\n– he presides the Cabinet;
\n– he appoints the Head of Government and puts an end to his
\nfunctions;
\n– he signs the presidential decrees;
\n– he has the right of pardon, remission or commutation of
\npunishment;
\n– he can refer to the People through a referendum on any
\nissue of national importance;
\n– he concludes and ratifies international Treaties<\/a> ;
\n– he awards State medals, decorations and honorific titles.
\nArticle 78. The President of the Republic appoints:
\n– to posts and mandates provided by the Constitution;
\n– to State civil and military posts;
\n– to nominations decided in the Cabinet;
\n– the President of the Council of State;
\n– the Secretary General of the Government;
\n– the Governor of the Bank of Algeria;
\n 18<\/p>\n

– the Magistrates;
\n– high officials of security bodies;
\n– the “walis.\u201d
\nThe President of the Republic appoints and recalls the ambassadors
\nand the special envoys of the Republic abroad. He receives the
\ncredentials and the letters of recall of foreign diplomatic
\nrepresentatives.
\nArticle 79. The Head of Government presents the members of the
\nGovernment he chose to the President of the Republic who appoints
\nthem.
\nThe Head of Government establishes a programme and submits it
\nto the Cabinet.
\nArticle 80. The Head of Government submits his programme for
\napproval to the People’s National Assembly. This latter opens, for
\nthis purpose, a general debate.
\nThe Head of Government may adapt his programme in the light of
\nthis debate.
\nThe Head of Government addresses a communication on his
\nprogramme to the Council of Nation.
\nThe Council of Nation may issue a resolution.
\nArticle 81. In case of non approval of his programme by the
\nPeople’s National Assembly, the Head of Government presents the
\nresignation of his Government to the President of the Republic. This
\nlatter appoints again a Head of Government in accordance with the
\nsame modes.
\nArticle 82. If the People’s National Assembly’s approval is not
\nobtained, the People’s National Assembly is dissolved de jure.
\n 19<\/p>\n

The Government in office is kept in position in order to manage
\ndaily affairs until the election of a new People’s National Assembly
\nwithin a maximum period of three (3) months.
\nArticle 83. The Head of Government executes and coordinates the
\nprogramme adopted by the People’s National Assembly.
\nArticle 84. The Government presents each year a general policy
\ndeclaration to the People’s National Assembly.
\nThe general policy declaration is followed by a debate on the action
\nof the Government.
\nThis debate may end up with a resolution.
\nIt may also lead the People’s National Assembly to bring in a vote of
\ncensure, in accordance with the provisions of Articles 135, 136 and
\n137 under-mentioned.
\nThe Head of Government may ask the People’s National Assembly a
\nvote of confidence. If the motion of confidence is not voted, the
\nHead of Government presents the resignation of his Government.
\nIn this case, the President of the Republic may, before accepting the
\nresignation, use the provisions of Article 129 under-mentioned.
\nThe Government may also present a general policy declaration to
\nthe Council of Nation.
\nArticle 85. In addition to the powers bestowed upon him explicitly
\nby Other provisions<\/a> of the Constitution, the Head of Government
\nexercises the following functions:
\n– he distributes the functions among the members of the
\nGovernment in accordance with the provisions of the
\nConstitution;
\n– he presides the Council of Government;
\n 20<\/p>\n

– he sees to the execution of laws and rules;
\n– he signs executive decrees;
\n– he appoints to state offices, without prejudice to the
\nprovisions of Articles 77 and 78 above mentioned;
\n– he sees to the best functioning of the public administration.
\nArticle 86. The Head of Government may present to the President
\nof the Republic the resignation of his Government.
\nArticle 87. The President of the Republic cannot, in any cases,
\ndelegate the power to appoint the Head of Government, the
\nmembers of the Government, as well as the presidents and
\nmembers of constitutional institutions for whom another mode of
\ndesignation is not provided by the Constitution.
\nMoreover, he cannot delegate his power to resort to referendum, to
\ndissolve the People’s National Assembly, to decide on anticipated
\nlegislative elections, to implement the provisions of Articles 77, 78,
\n91, 93 to 95, 97, 124, 127 and 128 of the Constitution.
\nArticle 88. If the President of the Republic, because of serious and
\nlong-lasting illness, happens to be in the impossibility to carry out
\nhis functions, the Constitutional Council meets de jure, and after
\nhaving verified the reality of the impediment by the appropriate
\nmeans, proposes, unanimously, to the Parliament to declare the
\nstate of impediment.
\nThe Parliament sitting, in both chambers convened together,
\ndeclares the state of impediment of the President of the Republic,
\nwith a majority of two-thirds (2\/3) of its members and charges the
\nPresident of the Council of Nation, to stand for the Head of State by
\ninterim for a maximum period of forty-five (45) days and carry out
\nhis prerogatives in accordance with the provisions of Article 90 of
\nthe Constitution.
\n 21<\/p>\n

If the impediment continues at the expiry of the forty-five (45) days
\nperiod, a declaration of vacancy by resignation de jure is made in
\naccordance with the procedure mentioned in the above paragraphs
\nand the provisions of the following paragraph of the present Article.
\nIn case of resignation or death of the President of the Republic, the
\nConstitutional Council meets de jure and ascertains the permanent
\nvacancy of the Presidency of the Republic.
\nIt, immediately, communicates the permanent vacancy declaration
\nact to the Parliament which meets de jure.
\nThe President of the Council of Nation assumes the charge of Head
\nof State for a maximum period of sixty (60) days, during which
\npresidential elections are organized.
\nThe Head of State, thus designated, cannot be candidate to the
\nPresidency of the Republic.
\nIn case the resignation or the death of the President of the Republic
\ncomes in conjunction with the vacancy of the Presidency of the
\nCouncil of Nation whatever the cause may be, the Constitutional
\ncouncil meets de jure and ascertain, unanimously, the permanent
\nvacancy of the Presidency of the Republic and the impediment of
\nthe President of the Council of Nation. In this case, the President of
\nthe Constitutional Council assumes the function of the Head of
\nState in accordance with the conditions defined in the preceding
\nparagraphs of the present Article and Article 90 of the Constitution.
\nHe cannot be candidate for the Presidency of the Republic.
\nArticle 89. When one of the candidates of the second round of the
\npresidential elections dies, withdraws or is hindered for any reason,
\nthe President of the Republic in office or who assumes the function
\nof Head of State remains in of lice until the proclamation of the
\nelection of the President of the Republic.
\nIn this case, the Constitutional Council extends the period of
\norganizing the election for a maximum period of sixty (60) days.
\n 22<\/p>\n

The organic law will determine the conditions and modes of
\nimplementing the present provisions.
\nArticle 90. The Government in office at the time of the impediment,
\nthe death or the resignation of the President of the Republic cannot
\nbe resigned or re shuffled until the new President of the Republic
\ncomes into office.
\nIn the case the Head of Government in office, is candidate for the
\nPresidency of the Republic, he resigns de jure. The function of Head
\nof Government is assumed by a member of the Government
\nappointed by the Head of State.
\nDuring the periods of forty-five (45) days and sixty (60) days
\nprovided for by Articles 88 and 89, the provisions in the paragraphs
\n7 and 8 of Article 77 and the Articles 79, 124, 129, 136, 137, 174,
\n176, 177 of the Constitution cannot be implemented.
\nDuring these same periods, the provisions of Articles 91, 93, 94,
\n95, 97 of the Constitution cannot be implemented unless the
\nParliament sitting in both chambers convened together gives its
\napproval, the Constitutional Council and the High Security Council
\nreferred to before.
\nArticle 91. In case of urgent necessity, the High Security Council
\nconvened, the President of the People’s National Assembly, the
\nPresident of the Council of Nation, the Head of Government and the
\nPresident of the Republic decrees the state of emergency or the
\nstate of siege, for a definite period and takes all the necessary
\nmeasures to restore the situation.
\nThe duration of the state of emergency or the state of siege cannot
\nbe extended unless with the approval of the parliament sitting in
\nboth chambers convened together.
\nArticle 92. The organization of the state of emergency and the
\nstate of siege is defined by an organic law.
\n 23<\/p>\n

Article 93. When the country is threatened by an impending danger
\nto its institutions, to its independence or to its territorial integrity,
\nthe President of the Republic decrees the state of exception.
\nSuch a measure is taken after referring to the President of the
\nPeople’s National Assembly, the President of the Council of Nation
\nand the Constitutional Council, and hearing the High Security
\nCouncil and the Cabinet.
\nThe state of exception entitles the President of the Republic to take
\nexceptional measures dictated by the safeguard of the
\nindependence of the Nation and the institutions of the Republic.
\nThe Parliament meets de jure. The state of exception mentioned
\nabove and which led to its proclamation.
\nArticle 94. The High Security Council heard, the President of the
\nPeople’s National Assembly and the President of the Council of
\nNation referred to, the President of the Republic decrees the general
\nmobilization during the meeting of the Cabinet.
\nArticle 95. The Cabinet met, the High Security Council heard, the
\nPresident of the People’s National Assembly and the President of
\nthe Council of Nation referred to, the President of the Republic
\ndeclares war in case of effective or impending aggression in
\naccordance with the relevant provisions of the United Nations
\nCharter.
\nThe parliament meets de jure. The President of the Republic
\naddresses a message informing the Nation.
\nArticle 96. During the period of the state of war, the Constitution is
\nsuspended, the President of the Republic assumes all the powers.
\nWhen the mandate of the President of the Republic comes to expiry,
\nit is extended de jure until the end of the war.
\nIn case the President of the Republic resigns or dies or any other
\nimpediment, the President of the Council of Nation assumes, as
\n 24<\/p>\n

Head of State and within the same conditions as that of the
\nPresident of the Republic, all the prerogatives required by the state
\nof war. In case there is a conjunction of the vacancy of the
\nPresidency of the Republic and the Presidency of the Council of
\nNation, the President of the Constitutional Council assumes, the
\nfunction of the Head of State within the conditions provided for
\nabove.
\nArticle 97. The President of the Republic signs armistice
\nagreements and peace Treaties<\/a> .
\nHe receives the opinion of the Constitutional Council on the
\nrelevant agreements. He submits the latter immediately to be
\napproved explicitly by each of the two chambers of the Parliament.
\nChapter II
\nThe Legislative Power
\nArticle 98. The legislative power is exercised by a parliament,
\nconsisting of two chambers, the People’s National Assembly and the
\nCouncil of Nation. The Parliament is sovereign to elaborate and vote
\nthe law.
\nArticle 99. The parliament controls the action of the Government
\nwithin the conditions defined by Articles 80, 84, 133 and 134 of the
\nConstitution.
\nThe control, provided for in Articles 135 to 137 of the Constitution,
\nis carried out by the People’s National Assembly.
\nArticle 100. The Parliament should, within its constitutional
\nattributions, remain faithful to the trust of the people and be
\npermanently aware of their aspirations.
\nArticle 101. The members of the People’s National Assembly are
\nelected by means of a universal direct and secret suffrage.
\nTwo-thirds (2\/3) of the members of the Council of Nation are
\nelected by means of indirect and secret suffrage among and by the
\n 25<\/p>\n

members of the People’s Communal Assemblies and the People’s
\nMalaya Assembly.
\nOne-third (1\/3) of the members of the Council of Nation is
\ndesignated by the President of the Republic among the national
\npersonalities and qualified persons in the scientific, cultural,
\nprofessional, economic and social fields.
\nThe number of members of the Council of Nation is equal to the
\nhalf, to the utmost, of the members of the People’s National
\nAssembly.
\nThe modes of implementing paragraph 2 above mentioned are
\ndefined by the law.
\nArticle 102. The People’s National Assembly is elected for a period
\nof five (05) years.
\nThe mandate of the Council of Nation is limited to six (06) years.
\nHalf the members of the Council of Nation is renewed every three
\n(03) years.
\nThe mandate of the Parliament cannot be extended unless there are
\nvery exceptional circumstances which hinder the normal progress of
\nelections. This situation is ascertained by a decision of the
\nParliament, sitting in both chambers convened together, following a
\nproposal of the President of the Republic and the Constitutional
\nCouncil referred to.
\nArticle 103. The modes for the election of deputies and those
\nconcerning the election or the appointment of members of the
\nCouncil of Nation, the conditions of eligibility, the rules of
\nineligibility and incompatibility are defined by an organic law.
\nArticle 104. The validation of the mandate of the deputies and that
\nof the members of the Council of Nation comes within the
\nrespective competence of each of the two chambers.
\n 26<\/p>\n

Article 105. The mandate of the deputy and the member of the
\nCouncil of Nation is national. It can be renewed and not concurrent
\nwith other mandate or function.
\nArticle 106. The deputy or the member of the Council of Nation
\nwho does not fulfill or does not fulfill any more the conditions of
\nhis eligibility incurs the forfeiture of his mandate.
\nThis forfeiture is decided according to the case by the People’s
\nNational Assembly or the Council of Nation by the majority of their
\nmembers.
\nArticle 107. The deputy or the member of the Council of Nation
\ncommits himself before his peers who can revoke his mandate if he
\ncommits a shameful action for his mission.
\nThe internal rules of each of the two chambers define the
\nconditions of excluding a deputy or a member of the Council of
\nNation. The exclusion is decided according to the case by the
\nPeople’s National Assembly or the Council of Nation, by the
\nmajority of its members without prejudice to any other Common law<\/a>
\nlawsuits.
\nArticle 108. The conditions by which the Parliament accepts the
\nresignation of one of its members are defined by an organic law.
\nArticle 109. Parliamentary immunity is recognized to deputies and
\nmembers of the Council of Nation during the period of their
\nmandate.
\nThey cannot be subject to lawsuits, arrest, or in general, to any civil
\nor penal action or pressure because of opinions they expressed,
\nutterances they maple or votes they gave during the exercise of
\ntheir mandate.
\nArticle 110. Lawsuits cannot be instituted against a deputy or a
\nmember of the Council of Nation for crime or infringement unless
\nthere is an explicit renunciation of the concerned or an
\nauthorization according to the case from the People’s National
\n 27<\/p>\n

Assembly or the Council of Nation which decides by the majority of
\nits members to lift the immunity.
\nArticle 111. In case of flagrant infringement or flagrant crime, the
\ndeputy or the member of the Council of Nation may be arrested.
\nThe bureau of the People’s National Assembly or of the Council of
\nNation, depending on the case, is informed immediately.
\nThe informed bureau may ask the suspension of lawsuits and the
\nliberation of the deputy or the member of the Council of Nation; it
\nwill then be proceeded according to the provisions of Article 110
\nabove mentioned.
\nArticle 112. An organic law defines the conditions for the
\nreplacement of a deputy or a member of the Council of Nation in
\ncase there is vacancy of his seat.
\nArticle 113. The term of the legislative body begins de jure the
\ntenth day following the date of the election of the People’s National
\nAssembly, under the chairmanship of the oldest member assisted
\nby the two youngest deputies.
\nThe People’s National Assembly elects its bureau and forms its
\ncommittees. The above mentioned provisions are applied to the
\nCouncil of Nation.
\nArticle 114. The President of the People’s Assembly is elected for
\nthe term of the legislative body. The President of the Council of
\nNation is elected after each partial renewal of the members of the
\nCouncil.
\nArticle 115. The organization and the functioning of the People’s
\nNational Assembly and the Council of Nation as well as the
\nfunctional relations between the chambers of the Parliament and
\nthe Government are defined by an organic law.
\nThe budget of the chambers as well as the salaries of the deputies
\nand the members of the Council of Nation are defined by the law.
\n 28<\/p>\n

The People’s National Assembly and the Council of Nation elaborate
\nand adopt their internal rules.
\nArticle 116. The sittings of the Parliament are public.
\nThe proceedings are recorded in a book and published in
\naccordance with the conditions defined by an organic law.
\nThe People’s National Assembly and the Council of Nation may sit
\nin camera upon a request made by their presidents, by the majority
\nof their members present or by the Head of Government.
\nArticle 117. The People’s National Assembly and the Council of
\nNation set up permanent committees in the framework of their
\ninternal rules.
\nArticle 118. The Parliament meets in two ordinary sessions a year,
\neach lasting a minimum period of four (04) months.
\nThe Parliament may hold a meeting in an extraordinary session on
\nthe initiative of the President of the Republic.
\nThe President of the Republic can hold a meeting of the Parliament
\non a request made by the Head of Government or by the two-thirds
\n(2\/3) of the members of the People’s National Assembly.
\nThe closure of the extraordinary session comes after the Parliament
\nhas exhausted the agenda for which it was convened.
\nArticle 119. The Head of Government and the deputies have the
\nright to initiate laws.
\nTo be admissible, proposed laws are brought in by twenty (20)
\ndeputies.
\nDraft laws are presented in the Cabinet following the opinion of the
\nCouncil of State then submitted to the bureau of the People’s
\nNational Assembly by the Head of Government.
\n 29<\/p>\n

Article 120. To be adopted, any draft law or law proposal should be
\ndebated successively by the People’s National Assembly and the
\nCouncil of Nation.
\nThe discussion of draft laws or law proposals by the People’s
\nNational Assembly concerns the text which is presented to it.
\nThe Council of Nation deliberates the text voted by the People’s
\nNational Assembly and adopts it by the majority of three-quarters
\n(3\/4) of its members.
\nIn case there is a disagreement between the two chambers, a
\ncommittee of equal representation of the two chambers meets on a
\nrequest of the Head of Government to propose a text on the
\nprovisions subject of the disagreement.
\nThis text is submitted by the Head of Government to be adopted by
\nthe two chambers and cannot be amended unless with the
\nagreement of the Government.
\nIn case the disagreement persists, the text is withdrawn.
\nThe Parliament adopts the financial law within a period of seventy-
\nfive (75) days at the utmost from the date it was submitted in
\naccordance with the preceding paragraphs.
\nIn case it was not adopted in the time limit the President of the
\nRepublic promulgates the draft text of the Government by
\nordinance.
\nOther procedures are defined by the organic law mentioned in
\nArticle 115 of the Constitution.
\nArticle 121. Is inadmissible any law proposal which leads to or the
\nsubject of which is to reduce public resources or increase public
\nexpenses unless it is accompanied by measures aiming at
\nincreasing the State income or making, at least, corresponding
\nsavings in other items of public expenses.
\n 30<\/p>\n

Article 122. The Parliament legislates in the domains which the
\nConstitution assigned to it, as well as the following domains:
\n– fundamental rights and duties of the individuals, in
\nparticular, the rules of public liberties, the safeguard of
\nindividual liberties and the obligations of the citizens;
\n– general rules concerning personal statute and the family
\nstatus and, in particular, marriage, divorce, affiliation,
\ncapacity and inheritance;
\n– conditions of individual’s establishment;
\n– basic legislation concerning the Nationality;
\n– general rules related to the condition of the foreigners;
\n– rules related to the judiciary organization and to the setting
\nup of jurisdictions;
\n– general rules of penal law and penal procedures; and in
\nparticular, the determination of crimes and infringements, the
\ninstitution of corresponding punishments of any nature,
\namnesty, extradition and the penitentiary system;
\n– general rules of civil procedure and execution means;
\n– rules of civil, trade and property obligations;
\n– territorial allotment of the country;
\n– adopting the national plan;
\n– voting the State budget;
\n– setting up tax base and rate, contributions and duties of any
\nnature;
\n 31<\/p>\n

– customs regulations;
\n– money issuing regulations and bank, credit and insurance
\nrules;
\n– general rules related to teaching and Scientific Research;
\n– general rules related to public health and population;
\n– general rules related to work law, social security and to the
\nexercise of trade union right;
\n– general rules related to environment, living space and land
\nmanagement;
\n– general rules related to the protection of the fauna and the
\nflora;
\n– protection and safeguard of cultural and historic heritage;
\n– general regulation for forests and grazing lands;
\n– general regulation for water;
\n– general regulation for mines and hydrocarbons;
\n– land regulation;
\n– the fundamental guaranties granted to civil servants and the
\ngeneral statute of civil service;
\n– general rules related to National Defense and the use of
\narmed forces by civil authorities;
\n– rules of property transfer from the public sector to the
\nprivate sector;
\n– the creation of types of establishments;
\n 32<\/p>\n

– instituting State medals, distinctions and honorific titles.
\nArticle 123. In addition to the domains intended to the organic laws
\nby the Constitution, the Parliament legislates through organic laws
\nin the following fields:
\n– organization and functioning of public powers;
\n– electoral regulation;
\n– the law pertaining to political parties;
\n– the law related to information;
\n– the statute of magistracy and judiciary organization;
\n– the outline law of financial laws;
\n– the law pertaining to national security.
\nThe organic law is adopted by the absolute majority of the deputies
\nand the majority of three-quarters (3\/4) of the members of the
\nCouncil of Nation.
\nIt is submitted to the Constitutional Council for a conformity control
\nbefore its promulgation.
\nArticle 124. The President of the Republic can legislate by
\nordinance in case there is a vacancy of the People’s National
\nAssembly or in the inter-sessions periods of the Parliament.
\nThe President of the Republic submits the texts he enacted to be
\napproved by each of the two chambers of the Parliament in its next
\nsession.
\nThe ordinances not adopted by the Parliament are void.
\n 33<\/p>\n

The President of the Republic may legislate by ordinance in case of
\na state of exception defined by Article 93 of the Constitution.
\nThe ordinances are taken in a meeting of the Cabinet.
\nArticle 125. The President of the Republic exercises the powers
\npertaining to regulations for matters other than those intended to
\nthe law.
\nThe implementation of laws is the domain of the Head of
\nGovernment.
\nArticle 126. The law is promulgated by the President of the
\nRepublic within thirty (30) days from the date of handing it over.
\nHowever, when the Constitutional Council is called upon by one of
\nthe authorities mentioned in Article 166 under-mentioned, before
\nthe promulgation of the law, this time limit is suspended until the
\nConstitutional Council expresses its opinion is accordance with the
\nconditions defined by Article 167 under mentioned.
\nArticle 127. The President of the Republic may request a second
\nreading of the voted law within thirty (30) days following its
\nadoption.
\nIn this case, the majority of two-thirds (2\/3) of the deputies of the
\nPeople’s National Assembly is required for the law to be adopted.
\nArticle 128. The President of the Republic may address a message
\nto the Parliament.
\nArticle 129. The President of the People’s National Assembly, the
\nPresident of the Council of Nation, the Head of Government,
\nreferred to, the President of the Republic may decide the dissolution
\nof the People’s National Assembly or the Organization of
\nanticipated general elections.
\nIn the two cases, general elections are held within a maximum time
\nlimit of three (03) months.
\n 34<\/p>\n

Article 130. The Parliament may open a debate on foreign policy
\nupon a request made by the President of the Republic or one of the
\npresidents of the two chambers.
\nThe debate may end up, in that case, with a resolution, of the
\nParliament sitting in both chambers convened together, which will
\nbe sent to the President of the Republic.
\nArticle 131. Armistice agreements, peace, alliance and union
\ntreaties, treaties related to State borders as well as treaties
\ninvolving expenses not provided for in the State budget are ratified
\nby the President of the Republic following an explicit approval by
\neach of the chambers of the Parliament.
\nArticle 132. Treaties ratified by the President of the Republic in
\naccordance with the conditions provided for by the Constitution are
\nsuperior to the law.
\nArticle 133. Members of the Parliament may call upon the
\nGovernment on a topical issue.
\nThe committees of the Parliament may hear the members of
\nGovernment.
\nArticle 134. Members of the Parliament may address orally or in a
\nwritten form any question to any member of the Government.
\nAnswers to written questions should be in written form within a
\nmaximum time limit of thirty (30) days.
\nAnswers to oral questions are given in session. If one of the two
\nchambers considers that oral or written answers of a member of the
\nGovernment justifies a debate, this latter is opened in accordance
\nwith the conditions provided for by the rules of procedure of
\nPeople’s National Assembly and the Council of Nation.
\n 35<\/p>\n

The questions and answers are published in accordance with the
\nsame conditions as those of the minute of proceedings of the
\nParliament’s debates.
\nArticle 135. In debating the general policy declaration, the People’s
\nNational Assembly may sue the Government’s responsibility
\nthrough voting a motion of censure.
\nSuch a motion is admissible only if it was signed by, at least, one-
\nseventh (1\/7) of the number of deputies.
\nArticle 136. The motion of censure should be approved by the
\nmajority of two-thirds (2\/3) of the deputies.
\nThe vote occurs only three days after the motion of censure is
\nbrought in.
\nArticle 137. If the motion of censure is adopted by the People’s
\nNational Assembly, the Head of Government submits the
\nresignation of his Government to the President of the Republic.
\nChapter III
\nThe Judicial Power
\nArticle 138. The judicial power is independent. It is exercised
\nwithin the framework of the law.
\nArticle 139. The judicial power protects the society and the
\nliberties. It guarantees, to all and to everyone, the safeguard of
\ntheir fundamental rights.
\nArticle 140. Justice is founded on the principles of lawfulness and
\nequality.
\nIt is the same for all, accessible for all and is expressed by the
\nrespect of the law.
\nArticle 141. Justice dispensed on behalf of the People.
\n 36<\/p>\n

Article 142. Punishments should comply with the principles of
\nlawfulness and individuality.
\nArticle 143. Justice deals with appeals against and administrative
\nauthorities decisions.
\nArticle 144. Justice decisions are justified and pronounced in public
\nhearing.
\nArticle 145. All the qualified State bodies should ensure, at any
\ntime, in any place and in any circumstances, the execution of justice
\ndecisions.
\nArticle 146. Justice is pronounced by magistrates. People’s
\nassessors in accordance with the conditions defined by the law can
\nassist them.
\nArticle 147. The judge obeys to the law only.
\nArticle 148. The judge is protected against any foam of pressure,
\ninterventions or maneuvers that prejudice his mission or the
\nrespect of his free will.
\nArticle 149. The magistrate is answerable before the High Council
\nof Magistracy and within the foams prescribed by the law on the
\nway he accomplishes his task.
\nArticle 150. The law protects the justiciable against any abuse or
\ndeviation the judge.
\nArticle 151. The right for defense is recognized.
\nIn penal matters, it is guaranteed.
\nArticle 152. The High Court is the regulating body of the activities
\nof the courts and tribunals. A Council of State is instituted as a
\nregulating body of activities of the administrative jurisdictions.
\n 37<\/p>\n

The High Court and the Council of State are responsible for the
\nunification of jurisprudence throughout the country and see to the
\nrespect of the law.
\nA Tribunal of Conflicts is instituted to settle conflicts of competency
\nbetween the High Court and the Council of State.
\nArticle 153. The organization, the functioning and other
\nattributions of the High Court, the Council of State and the
\nTribunals of Conflicts are defined by an organic law.
\nArticle 154. The High Council of Magistracy is presided by the
\nPresident of the Republic.
\nArticle 155. The High Council of Magistracy decides, within the
\nconditions defined by the law, the appointment, transfer and the
\nprogress of the magistrate’s careers.
\nIt sees to the respect of the provisions provided for the statute of
\nthe magistracy and of the control of discipline under the
\nchairmanship of the First President of the High Court.
\nArticle 156. The High Council of Magistracy gives a prior
\nconsultative opinion to the exercise of the right of free pardon by
\nthe President of the Republic.
\nArticle 157. An organic law defines the composition, the
\nfunctioning and the other prerogatives of the High Council of
\nMagistracy.
\nArticle 158. A High Court of State is instituted to deal with actions
\nthat can be qualified of high treason committed by the President of
\nthe Republic, with crimes and infringements committed by the Head
\nof Government during their of office.
\nAn organic law defines the composition, the organization and the
\nfunctioning of the High Court of State as well as the procedures of
\nimplementation.
\n 38<\/p>\n

Part III
\nControl and Consultative Institutions
\nChapter I
\nControl
\nArticle 159. The elected assemblies assume the function of control
\nwithin its popular dimension.
\nArticle 160. The Government presents to each chamber of the
\nParliament a report on the use of budgetary credits which it voted
\nfor each financial year.
\nThe financial year is close as far as it concerns the Parliament by a
\nvote, by each of the chambers, of the financial year in question.
\nArticle 161. Each of the two chambers of the Parliament may,
\nwithin the framework of its prerogatives, institute at any time
\ncommittees investigating affairs of general interest.
\nArticle 162. The control institutions and bodies are in charge of
\nchecking the conformity of the legislative and executive action with
\nthe Constitution and to verify the conditions of use and
\nmanagement of material means and public funds.
\nArticle 163. A Constitutional Council is institute to see to the
\nrespect of the Constitution. The Constitutional Council sees also to
\nthe due form of referendum operations, the election of the
\nPresident of the Republic and the legislative elections. It proclaims
\nthe results of these operations.
\nArticle 164. The Constitutional Council is composed of nine (09)
\nmembers: three (03) appointed by the President of the Republic
\namong whom is the President, two (02) elected by the People’s
\nNational Assembly, two (02) elected by the Council of Nation, one
\n(01) elected by the Supreme court of Nation, one (01) elected by the
\nCouncil of state.
\n 39<\/p>\n

Once elected or appointed the members of the Constitutional
\nCouncil cease any other mandate, function, responsibility or
\nmission.
\nThe President of the Republic appoints the President of the
\nConstitutional Council for a single mandate of six (06) years.
\nThe other members of the Constitutional Council fill a unique
\nmandate of six (06) years and are renewed by half every three (03)
\nyears.
\nArticle 165. In addition to the prerogatives explicitly bestowed
\nupon it by other provisions of the Constitution, the Constitutional
\nCouncil pronounces on the constitutionality of treaties, laws and
\nregulations, either through an opinion if these are not enforced or,
\notherwise, through a decision.
\nThe Constitutional Council, called upon by the President of the
\nRepublic, expresses a compulsory opinion on the constitutionality
\nof the organic laws following their adoption by the Parliament.
\nThe Constitutional Council also pronounces on the conformity of
\nthe rules of procedures of each of the two chambers of the
\nParliament with the Constitution accordance with the provisions of
\nthe above mentions paragraph.
\nArticle 166. The Constitutional Council is called upon by the
\nPresident of the Republic, the President of the People’s National
\nAssembly or by the President of the Council of Nation.
\nArticle 167. The Constitutional Council deliberates in camera; its
\nopinion or its decision are given within twenty (20) days following
\nthe date it was referred to.
\nThe Constitutional Council defines the rules of its functioning.
\nArticle 168. When the Constitutional Council considers that a
\ntreaty, an agreement or a convention is not constitutional, its
\nratification cannot take place.
\n 40<\/p>\n

Article 169. When the Constitutional Council considers that a
\nlegislative or regulatory provision is not constitutional, this latter
\nloses its effect from the date the decision is taken by the Council.
\nArticle 170. An Audit Office is instituted with the task of controlling
\na posteriori the finances of the State, the territorial collectivities and
\npublic services.
\nThe Audit Office establishes a yearly report that is addressed to the
\nPresident of the Republic.
\nThe law defines the prerogatives, the organization and the
\nfunctioning of the Audit Office as well as the sanctions of its
\ninvestigations.
\nChapter II
\nConsultative Institutions
\nArticle 171. A High Islamic Council is instituted to the President of
\nthe Republic and is trusted, in particular, with:
\n– encouraging and promoting “Ijtihad\u201d ;
\n– expressing its views in comparison with religious precepts
\non matters submitted to it;
\n– presenting a periodic report of activity to the President of
\nthe Republic.
\nArticle 172. The High Islamic Council is composed of fifteen (15)
\nmembers, including a president appointed by the President of the
\nRepublic among national personalities highly qualified in various
\nfields of science.
\nArticle 173. A High Security Council presided by the President of
\nthe Republic is instituted. Its task is to express views on all the
\nissues related to national security.
\n 41<\/p>\n

The President of the Republic defines the modes of organization
\nand functioning of the High Security Council.
\nPart IV
\nConstitutional Revision
\nArticle 174. Constitutional revision is decided on the initiative of
\nthe President of the Republic. It is voted, in the same manner, in
\naccordance with the same conditions applied to a legislative text by
\nthe People’s National Assembly and the Council of Nation.
\nIt is submitted to a referendum to be approved by the People within
\nfifty (50) days following its adoption.
\nThe President of the Republic promulgates the Constitutional
\nrevision, approved by the People.
\nArticle 175. The law pertaining to the draft constitutional revision
\nnot approved by the People is void. It cannot be submitted again to
\nthe People during the same legislature.
\nArticle 176. When the Constitutional Council considers that the
\ndraft constitutional revision does not infringe, at all, upon the
\ngeneral principles governing the Algerian society, the human and
\ncitizen’s rights and liberties, or does not affect, in any way, the
\nfundamental balance of powers and of institutions, the President of
\nthe Republic may promulgate, directly, the law pertaining to
\nconstitutional revision without submitting it to People’s referendum
\nif it obtains the voices of three-quarters (3\/4) of the members of the
\ntwo chambers of the Parliament.
\nArticle 177. The three-quarters (3\/4) of the members of the two
\nchambers of the Parliament meeting together can propose a
\nconstitutional revision and present it to the President of the
\nRepublic who can submit it to a referendum.
\nIf approved, it is promulgated.
\nArticle 178. Any constitutional revision cannot infringe on:
\n 42<\/p>\n

– the republican nature of the State;
\n– the democratic order based on multiparty system;
\n– Islam as the religion of the State;
\n– Arabic as the national and official language;
\n– fundamental liberties, and citizen’s rights;
\n– integrity of the national territory.
\nTransitional Provisions
\nArticle 179. The legislative body in office at the date of the
\npromulgation of the present Constitution and up to the end of its
\nmandate, the President of the Republic at the end of the legislative
\nbody’s mandate and up to the election of the People’s National
\nAssembly, legislate through ordinances including the domains
\npertaining to organic laws.
\nArticle 180. Awaiting the setting up of the institutions provided for
\nin the present Constitution:
\n– the laws in force pertaining to the organic domain remain
\napplicable up to their replacement or modification in
\naccordance with the procedures provided for by the
\nConstitution;
\n– the Constitutional Council, with its present representation,
\nassumes the prerogatives bestowed upon it by the present
\nConstitution up to the time of setting up institutions
\nrepresented in its midst. Any modification or addition should
\nbe subject to Article 164 (paragraph 3) of the present
\nConstitution, resorting, if necessary, to drawing lots;
\n– the elected People’s National Assembly will assume full
\nlegislative power until the Council of Nation is set up;<\/p>\n

Constitutional Text: Algeria 1963, Amended 2002<\/p>\n

\n

Conclusion<\/h3>\n<\/div>\n
\n

Notes<\/h3>\n<\/div>\n
\n

See Also<\/h3>\n<\/div>\n
\n

References and Further Reading<\/h3>\n<\/div>\n
\n

About the Author\/s and Reviewer\/s<\/h3>\n<\/div>\n

Author: international<\/b><\/p>\n<\/p>\n

Mentioned in these Entries<\/h3>\n

Common law<\/a>, Education<\/a>, Other provisions<\/a>, Treaties<\/a>, country<\/a>. <\/p>\n","protected":false},"excerpt":{"rendered":"

CONSTITUTION OF THE PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA SEPTEMBER 10, 1963, AS AMENDED TO APRIL 10, 2002 Preamble The Algerian people are a free people, and decided to remain so. Its history is a long series of struggles that always made Algeria a land of freedom and dignity. Being at the heart of great events […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15,2,5],"tags":[220,961,20,80],"_links":{"self":[{"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/posts\/6099"}],"collection":[{"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/comments?post=6099"}],"version-history":[{"count":0,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/posts\/6099\/revisions"}],"wp:attachment":[{"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/media?parent=6099"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/categories?post=6099"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/tags?post=6099"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}