The Right of Parliament to Initiate Legislation in the Algerian Political System: An Analytical Study

Abstract

Certain constitutional provisions suggest that Parliament enjoys broad legislative sovereignty as an institution representing the State’s general policy. In practice, however, the Algerian political system reveals significant limitations on the legislative initiative of deputies of the People’s National Assembly and members of the Council of the Nation, despite the establishment of a bicameral parliamentary system. This study examines the constitutional, legal, and institutional constraints that affect Parliament’s ability to propose laws and assesses the extent to which the two chambers exercise this competence independently and effectively. Using analytical and comparative methods, the study considers the development of legislative initiative under the constitutional reforms of 1996, 2016, and 2020, together with the procedural and financial controls governing parliamentary proposals. Particular attention is given to the presidential third mechanism, the mandatory constitutional review of the internal rules of both chambers, restrictions on legislative initiative in financial matters, the formal character of political pluralism, and the limited effectiveness of the parliamentary opposition. The analysis shows that, although constitutional reforms have expanded the formal right of legislative initiative, practical and institutional constraints continue to limit its effective exercise. These constraints reinforce executive influence over the legislative process and weaken the legal and institutional position of Parliament. The study concludes that strengthening parliamentary autonomy requires reconsidering the mechanisms that restrict legislative initiative, particularly those affecting financial legislation, parliamentary representation, internal regulatory autonomy, and the effective participation of the opposition in legislative work. Accordingly, reform is necessary to strengthen representative democracy and restore institutional balance among the constitutional powers.