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Constitution of Algeria – 11: Transitory Provisions

TITLE IV
CONCERNING CONSTITUTIONAL REVISION

Article 174
A constitutional revision shall be undertaken on the initiative of the President of the Republic. It shall be voted in identical terms by the People’s National Assembly and the Council of the Nation in the same conditions as a statutory text. It shall be submitted by referendum to the approval of the people within fifty (50) days of its adoption.

The constitutional revision, approved by the people, shall be promulgated by the President of the Republic.

Article 175
An Act containing a revision of the Constitution which was rejected by the people shall become inoperative. It cannot be submitted again to the people during the same legislature.

Article 176
If according to the reasoned opinion of the Constitutional Council the draft constitutional revision in no way infringes upon the general principles governing the Algerian society, the rights and liberties of man and of the citizen, and does not alter in any manner the fundamental balance of the powers and the institutions, the President of the Republic may directly promulgate the law containing the constitutional revision without submitting it to referendum, if it has been approved bythree-quarters (3/4) of the votes of the members of the two chambers of the Parliament.

Article 177
Three-fourths (3/4) of the members of the two chambers of the Parliament, meeting in joint session, may propose a constitutional revision and present it to the President of the Republic, who may submit it to a referendum. If its approval is obtained, it shall be promulgated.

Article 178[26]
None of the following shall be the object of a constitutional amendment:

  1. the Republican character of the State;
  2. the democratic order based on a multi-party system;
  3. the role of Islam as the religion of the State;
  4. the role of Arabic as the national and official language;
  5. the fundamental liberties and the rights of man and of the citizen;
  6. the integrity and unity of the national territory;
  7. the national emblem and the national anthem as symbols of the Revolution and the Republic.

TRANSITORY PROVISIONS

Article 179
The legislative body which is in place at the time of the promulgation of the present Constitution until the end of its mandate and, following the end of its mandate, the President of the Republic until the election of the People’s National Assembly shall have authority to legislate through ordinances, including in areas which are now subject to regulation by Institutional Act.

Article 180
Pending the establishment of the institutions provided for in the present Constitution:

  • the statutes in force which relate to matters now subject to regulation by Institutional Act shall remain in force until their modification or replacement in accordance with the procedures provided for by the Constitution.
  • the Constitutional Council in its present composition shall exercise the powers conferred upon it by the present Constitution until the election of new members from among its midst. Any modification or addition shall be effectedsubject to Article 164 (paragraph 3) of the present Constitution, making use of drawing by lots, in case of need.
  • the elected People’s National Assembly shall exercise the totality of legislative powers until the installation of the Council of the Nation. However, the President of the Republic may postpone the promulgation of statutes passed on the initiative of the deputies until their adoption by the Council of the Nation.

Article 181
The renewal of one-half (1/2) of the members of the Council of the Nation in the course of the first mandate shall take place at the beginning of the third year by the drawing of lots. The replacement of the members of the Council of the Nation
selected by the drawing of lots shall take place in the same conditions and following the same procedure which governed their election or appointment. However, the drawing of lots shall not apply to the President of the Council of the Nation, who shall exercise the first mandate for six (6) years.

Article 182
The President of the Republic shall promulgate the text of the constitutional revision, approved by the people, which shall be executed as the fundamental law of the Republic.

 

[26] Clause No. 7 was inserted by Article 12 of Constitutional Act No. 08-19 of
November 15, 2008.

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