Reply To: Preamble-Constitution of Algeria

Checkout Forums Civil Law Discourse Preamble-Constitution of Algeria Reply To: Preamble-Constitution of Algeria

#118284
advtanmoy
Keymaster

The Judicial Power of ALGERIA

Art. 138 – The judicial power is independent. It is exercised within the framework of the law.

Art. 139 – The judicial power protects the society and the liberties. It guarantees, to all and to everyone, the safeguard of their fundamental rights.

Art. 140 – Justice is founded on the principles of lawfulness and equality. It is the same for all, accessible for all and is expressed by the respect of the law.

Art. 141 – Justice is dispensed on behalf of the people.

Art. 142 – Punishments should comply with the principles of lawfulness and individuality.

Art. 143 – Justice deals with appeals against and administrative authorities decisions.

Art. 144 – Justice decisions are justified and pronounced in public hearing.

Art. 145 – All the qualified State bodies should ensure, at any time, in any place and in any circumstances, the execution of justice decisions.

Art. 146 – Justice is pronounced by magistrates. They can be assisted by People’s assessors in accordance with the conditions defined by the law.

Art. 147 – The judge obeys to the law only.

Art. 148 – The judge is protected against any form of pressure, interventions or manœuvres which prejudice his mission or the respect of his free will.

Art. 149 – The magistrate is answerable before the High Council of Magistracy and within the forms prescribed by the law on the way he accomplishes his task.

Art. 150 – The law protects the justiciable against any abuse or deviation of the judge.

Art. 151 – The right for defence is recognized.

In penal matters, it is guaranteed.

Art. 152 – The High Court is the regulating body of the activities of the courts and tribunals.

A Council of State is instituted as a regulating body of activities of the administrative
jurisdictions.

The High Court and the Council of State are responsible for the unification of jurisprudence throughout the country and see to the respect of the law.

A Tribunal of Conflicts is instituted to settle conflicts of competency between the High
Court and the Council of State.

Art. 153 – The organization, the functionning and other attributions of the High Court, the
Council of State and the Tribunals of Conflicts are defined by an organic law.

Art. 154 – The High Council of Magistracy is presided by the President of the Republic.

Art. 155 – The High Council of Magistracy decides, within the conditions defined by the law, the appointment, transfer and the progress of the magistrate’s careers.

It sees to the respect of the provisions provided for in the statute of the magistracy and of the control of discipline under the chairmanship of the First President of the High Court.

Art. 156 – The High Council of Magistracy gives a prior consultative opinion to the exercise of the right of free pardon by the President of the Republic.

Art. 157 – The composition, the functioning and the other prerogatives of the High Council of Magistracy are defined by an organic law.

Art. 158 – A High Court of State is instituted to deal with actions that can be qualified of high treason committed by the President of the Republic, with crimes and infringements committed by the Head of Government during their office.

The composition, the organization and the functioning of the High Court of State as well as the procedures of implementation are defined by an organic law.