Constitutional Review of Legislative Omission in Algeria (A Comparative Study)

Abstract

Constitutional review of legislation is one of the main safeguards of constitutional legality and the supremacy of the constitution. It is not limited to the legislature’s positive acts. It may also extend to legislative inaction. Review of legislative omission is therefore an important means of correcting an improper exercise of legislative power. This form of constitutional review is relatively recent. Most legal systems do not define legislative omission in clear constitutional or statutory terms. Courts have nevertheless used several expressions that treat omission as a constitutional defect. A challenged provision may be unconstitutional when it regulates a matter incompletely and leaves out a rule that the constitution requires.

This study clarifies the concept of legislative omission and examines the legal basis for constitutional review in this field. It also analyses the position of Algerian constitutional adjudication and the extent to which it can review legislative omission in comparison with other legal systems. The study seeks to identify a coherent legal framework that protects constitutional supremacy, rights, and freedoms.