ALGIERS-The exception of unconstitutionality principle, enshrined under the Constitutional revision in 2016, “particularly aims at enhancing the protection of human rights and strengthening the foundations of the rule of law in Algeria, Chairperson of the Constitutional Council, Mourad Medelci said Tuesday in Algiers.
Human rights protection must not be limited to texts and its effectiveness “requires that constitutionality monitoring includes their implementation,” stressed Medelci.
Medelci stated that the unconstitutionality of a law "does not always appear at the time of drafting but is often revealed at the time of its implementation.”
“We are determined and have all the legal skills to successfully implement the exception of unconstitutionality,” affirmed the same official.
According to Medelci, the exception of unconstitutionality "opportunely rebalanced" the representation of the three powers constituted within the Constitutional Council.
In addition to this "rebalancing", the Constituent Assembly introduced another amendment to the referral to the Constitutional Council. Until 2016, only the executive and legislative powers could refer to this institution, stressed Medelci.
Henceforth, the Constitutional Council can be referred to an exception of unconstitutionality by the litigant on a reference from the Supreme Court or the Council of State, said Medelci.
As an exception of unconstitutionality, referral "is not direct" and it passes through "filters which aim to prevent fanciful or dilatory appeals,” he continued.
"By adopting the exception of unconstitutionality, our Constituent intended to demonstrate its willingness to purge the legislative corpus of legislative provisions deemed to infringe constitutional rights and freedoms," said the same official.
He recalled that the exception of unconstitutionality, provided for in article 188, paragraph 1, of the Constitution, is one of the "major innovations" of the March 2016 Constitutional Revision.
The exception of unconstitutionality conferred on any litigant, natural or legal person the right to contest, before a court, the constitutionality of a legislative provision determining the outcome of the dispute, arguing that it infringes the rights and freedoms guaranteed by the Constitution.