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Constitution of Algeria – 8: The Judicial Power

CHAPTER THREE 
THE JUDICIAL POWER

Article 138
The judicial authority shall be independent. It shall be exercised within the framework of the law.

Article 139
The judicial authority shall protect society and the liberties. It shall guarantee to all and everyone the protection of their fundamental rights.

Article 140
Justice shall be founded on the principles of legality and equality. It shall be equal for all and accessible to all, and shall find its expression in respect of the law.

Article 141
Justice shall be rendered in the name of the people.

Article 142
Criminal sanctions shall conform to the principles of legality and personal responsibility.

Article 143
The judiciary shall rule on appeals brought against unlawful measures of the administrative authorities.

Article 144
Judicial decisions shall give reasons and shall be pronounced in public session.

Article 145
All competent organs of the State are required to ensure at all times and in every place and in every circumstance the execution of judicial decisions.

Article 146
Justice shall be rendered by the judges. They can be assisted by people’s assessors under conditions specified by statute.

Article 147
The judge shall obey only the law.

Article 148
The judge shall be protected against all forms of pressures, interventions or maneuver of any nature that could be harmful to the accomplishment of his mission or to the respect for his free judgment.

Article 149
A judge or prosecutor shall be accountable to the High Council of the Judiciary in the forms specified by statute for the manner in which he performs his mission.

Article 150
The law shall protect the parties to judicial proceedings against any abuse or misconduct by the judge.

Article 151
The right to defense shall be recognized. In criminal matters it shall be guaranteed.

Article 152
The Supreme Court shall be the organ which regulates the activity of the courts and tribunals. A Conseil d’Etat shall be established as a regulatory body of the activity of the administrative courts.The Supreme Court and the Conseil d’Etat shall ensure the uniform development of jurisprudence throughout the country and shall oversee the respect for the law. A Tribunal des Conflits shall be established in order to determine conflicts of jurisdiction between the Supreme Court and the Conseil d’Etat.

Article 153
The organization, the functioning and the other functions of the Supreme Court, the Conseil d’Etat and the Tribunal des Conflits shall be determined by Institutional Act.

Article 154
The High Council of the Judiciary shall be chaired by the President of the Republic.

Article 155
The High Council of the Judiciary decides, in the conditions determined by statute, the appointments, the transfers, and the promotion of judges and prosecutors.

It shall oversee the respect for the provisions on the status of the judiciary and the observance of discipline by judges and prosecutors under the chairmanship of the first President of the Supreme Court.

Article 156
The High Council of the Judiciary shall provide a consultative opinion to the President of the Republic prior to the exercise of the right of pardon.

Article 157
The composition, the functioning and the other attributions of the High Council of the Judiciary shall be determined by Institutional Act.

Article 158[25]
A High Court of State shall be established to review the acts which can be qualified as high treason of the President of the Republic and the crimes and misdemeanors of the Prime Minister which are committed in the exercise of their functions. The composition, the organization and the functioning of the High Court of State, as well as the applicable procedures, shall be established by Institutional Act.

 

[25] The term “Prime Minister” was substituted for “Head of Government” by Article 13 of Constitutional Act No. 08-19 of November 15, 2008.

Next: Chapter 9- Control

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