Constitutional Court Composition in Algeria: Between Dependence and Independence

Abstract

The constitutional engineer's design of the composition of the Constitutional Court in Algeria in the 2020 constitutional amendment was achieved by combining appointment and election methods for the twelve (12) members from an organic perspective, while maintaining the political and judicial nature of the composition. It is predicted that there will be unequal representation in the composition of the Constitutional Court, ranging from appointment to election, especially in terms of representing the two powers; the executive power with four (4) members appointed by the President, including the President himself, and two (2) members elected representing the judiciary, with the exclusion of parliamentary representation in the composition. This may lead to the consolidation of relative subordination in the composition, while on the other hand, the constitutional founder aimed to democratize the composition by expanding representation with the election of six (6) members from constitutional law professors representing the specialized electoral body, in order to establish relative independence in the composition