Consecration of the legal status of treaties by the control of the Constitutional Court
Keywords:
Constitutional Court; international treaties; constitutional control; compatibility control; legal rank.Abstract
The preamble to the Algerian constitution enshrined the principle of the
constitution supremacy, and the constitutional amendment created a constitutional court
with jurisdiction over constitutional oversight, in addition to other constitutional competencies that would protect the state’s legal system. This amendment strengthened
the jurisdiction of this court to control the constitutionality of treaties, by controlling the
compatibility of laws and regulations with treaties, which is devoted to the protection of
the supremacy of the Constitution over international rules, and the superiority of treaties
over domestic laws. But, to achieve this purpose, the ambiguity must be lifted over the
constitutional texts related to the field of these two controls and the implications for them,
as a guarantee for activating the role of the Constitutional Court in establishing the rank
of treaties within the hierarchy of legal rules.