The DOI matches its Crossref record; none of the 50 sources its claims cite is checked for support yet.
Oversight of the Constitutionality of Laws in Light of the Algerian Constitutional Amendment 2020and Organic Law No: 22-19
Open accessAbstract
Oversight of the constitutionality of laws in Algeria constitutes one of the most prominent constitutional mechanisms ensuring the supremacy of constitutional provisions.The rules governing such oversight have been defined by the latest constitutional amendment of 2020 and Organic Law No: 22-19, which specifies the procedures and methods for notifications and referrals before the Constitutional Court.This study aims to clarify the oversight of the constitutionality of laws under the current Organic Law No: 22-19, which outlines the procedures and methods for notifications and referrals before the Constitutional Court.
Overview
CoChat Summary
TL;DR
This doctrinal study examines how Algeria's 2020 constitutional amendment and Organic Law No. 22-19 organize oversight of the constitutionality of laws, covering both the mechanisms that activate the Constitutional Court (political and judicial notification) and the resulting types and effects of oversight. It argues these rules reinforce constitutional supremacy and the rule of law, while noting gaps such as the undefined effects of compatibility oversight.
Key findings
- The Constitutional Court's oversight is activated either by political notification (Article 193 of the 2020 amendment) or by a judicial plea of unconstitutionality referred by the Supreme Court or Council of State (Article 195).
- The 2020 amendment reduced the number of parliamentarians needed to trigger notification: from 50 deputies/30 Council of the Nation members under the 2016 Constitution to 40 deputies/25 members under Article 193 — described by the author as a positive step.
- Article 190 establishes four types of oversight: constitutional oversight (treaties, laws, regulations), compatibility oversight (laws and regulations with treaties, introduced for the first time in 2020), conformity oversight (organic laws and parliamentary internal rules), and oversight via plea of unconstitutionality.
- Effects vary by type: an unconstitutional treaty is not ratified, an unconstitutional law is not issued, and an unconstitutional ordinance/regulation loses effect from the day of the decision (Article 198); decisions are final and binding on all public, administrative, and judicial authorities.
Methods
Doctrinal legal study using descriptive and analytical methods, examining constitutional and legal texts, particularly the 2020 constitutional amendment and Organic Law No. 22-19. No empirical data, sample, or statistical analysis is reported.
Limitations
The paper states that the constitutional founder did not specify the effects of compatibility oversight of laws and regulations with treaties, and that it would have been preferable to define these effects explicitly and independently. It also recommends establishing a clearer criterion for assessing the "seriousness" of a plea of unconstitutionality, raising public awareness of the plea mechanism, and reducing processing timeframes. Evident from the text: the analysis is purely doctrinal and normative, with no case law or empirical assessment of how the mechanisms operate in practice.
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Integrity signals
Registry
Cites
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Verification
Claims the paper makes
0 Valid · 2 Not valid · 55 Not checked · 18 Own results and interpretations
None of the sources cited for this claim have been checked yet.
In the paper
“Organic laws and the internal regulations of the two parliamentary chambers 5 , which is a prerogative exclusive to the President of the Republic 6 .”
§ Oversight of the Constitutionality of Laws in Light of the > 2. Mandatory Notification:
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A result the paper states — it cites no source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“The Algerian legislator has granted judges full discretion to assess the seriousness of the plea of unconstitutionality.”
§ Oversight of the Constitutionality of Laws in Light of the > 5. The Argument Raised Must Be Serious
plainstates a cause- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A result the paper states — it cites no source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“A plea of unconstitutionality cannot challenge a legislative or regulatory provision that the Constitutional Court has already reviewed and declared constitutional.”
§ Oversight of the Constitutionality of Laws in Light of the > 4/ No Prior Declaration of Constitutionality
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
In the paper
“The Constitutional Court may be notified regarding the constitutionality of ordinary laws 16 before their issuance, as stated in the second paragraph of Article 190 of the 2020 Algerian”
§ Oversight of the Constitutionality of Laws in Light of the > 2. Oversight of the Constitutionality of Laws:
What the sources say
- Not matchedcites Article 190
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
hedged- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Not matched
In the paper
“This mechanism was retained in the 2020 Algerian constitutional amendment 10 .”
§ Oversight of the Constitutionality of Laws in Light of the > List of Sources and
What the sources say
- Not matchedcites 2020 Algerian constitutional amendment
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Not matched
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Citations
Cites
The publisher hasn’t deposited this paper’s reference list.
Research works printed but not linked: 6
- Said BouChaï r, The Constitutional Council in Algeria, University Publications Bureau, Algeria, 2008. 378 Issue 1, Vol.8, 2025 | Science, Education and Innovations in the context of modern problems www.imcra-az.org Research Article "Oversight of the Constitutionality of Laws in Light of the Algerian Constitutional Amendment 2020and Organic Law No: 22-19" -M.Meftah (Algeria)
- SalimaMesrati, The System of Constitutional Review of Laws in Algeria, Homa Publishing and Distribution House, Algeria, 2012.
- 2. Scientific Articles: 5. SalimaFzalan, Forms of Constitutional Oversight and the Implications of Strengthening Constitutional Security in Light of the 2020 Constitutional Amendment, Journal of Legal and Social Sciences, Vol. 6, Issue 03, Djelfa, 2021.
- Adel Dhouadi, The Plea of Unconstitutionality as a Mechanism for Protecting Taxpayers in Algeria -Following the 2016 Constitutional Amendment, Journal of Legal and Political Sciences, Issue 16, Algeria, 2017.
- Ahsan Gharbi, Constitutional Review of Laws in Light of the 2020 Constitutional Amendment, Journal of Rights and Political Sciences, Vol. 13, Issue 04, Khenchela, 2020.
- Mokhtaria Meftah-Mohamed Boujana, Independent Organization in Light of the Developments of the Algerian 2020 Constitutional Amendment, Journal of Judicial Jurisprudence, Issue 28, Biskra, 2021.
Metadata
- Authors
- Meftah, M.
- Corresponding author
- Meftah, Mokhtaria
- Venue
- Science, Education and Innovations in the Context of Modern Problems
- Published
- 2025-03-01
- Volume
- 8
- Issue
- 1
- ISSN
- 2790-0169 (ISSN-L)
- 2790-0177
- OpenAlex
- W4409234489
- Semantic Scholar
- c820494c2196ffa6b3c424a15ad724599be5e6d9
- Cited by
- 0
- References
- 0
- FWCI
- 0.00
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Science Education and Innovations in the Context of Modern Problems (publishedVersion)
- Topics
- Social Sciences › Law › Judicial and Constitutional Studies
- Social Sciences › Political Science and International Relations › Comparative constitutional jurisprudence studies
- Social Sciences › Law › Legal and Policy Issues
- Keywords
- constitutional review, constitutionality of laws, constitutional supremacy, Algeria
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- This page
- CoChat. (2026). Citation check: Oversight of the Constitutionality of Laws in Light of the Algerian Constitutional Amendment 2020and Organic Law No: 22-19. https://app.cochat.ai/papers/10.56334/sei/8.1.25
- The paper
- Meftah, M. (2025). Oversight of the Constitutionality of Laws in Light of the Algerian Constitutional Amendment 2020and Organic Law No: 22-19. Science, Education and Innovations in the Context of Modern Problems. https://doi.org/10.56334/sei/8.1.25
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Bibliographic data: Semantic Scholar, OpenAlex, Crossref.
Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).
Semantic Scholar’s data is described in: Kinney, R., et al. (2023). The Semantic Scholar Open Data Platform. arXiv:2301.10140.
