The System of Legislation by Presidential Ordinances and the Principle of the Separation of Powers Enshrined in the 2020 Constitutional Amendment

Abstract

To ensure that constitutional rules remain the supreme legal norms and are properly implemented and effectively applied, modern constitutions founded on the principle of the rule of law have established a number of safeguards designed to serve as genuine and permanent restraints against the abuse of power and the encroachment of public authorities upon the powers assigned to them by the Constitution. The foremost of these safeguards is the institutional and functional implementation of the principle of the separation of powers, which constitutes a fundamental legal standard for guaranteeing the supremacy and effectiveness of constitutional rules from a formal perspective. This principle is further reinforced by other legal mechanisms, including constitutional review of legislation and the independence of the judiciary, thereby strengthening constitutional supremacy from a substantive perspective.

Nevertheless, constitutional practice has demonstrated that the Algerian political system has consistently tended to upset the balance among the branches of government in favor of the executive authority. Consequently, the principle of the separation of powers alone has proven insufficient to ensure the effective protection of constitutional rules.