CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE Institution Type of electoral district Number of electoral districts Number of seats Type of ballot Presidency National 01 01 Voting through individual ballots in two rounds National Council (Senate) Wilayas 48 96 + 48 Voting through indirect group majority ballots in one round for the election of two members per wilaya Popular National Assembly Wilayas and Algerian community zones in foreign countries 48 + 06 381 + 08 Proportional election from a list , with those who gain the most votes elected. The number of seats is calculated in proportion to the population of each wilaya, with a minimum of 4 seats Popular Assembly of the Wilaya Wilayas 48 1960 Popular Assembly of the Commune Communes 1541 13 981 Proportional election from a list , with those who gain the most votes elected Proportional election from a list , with those who gain the most votes elected 163. Rule of law and supremacy of the Constitution. The Constituent Assembly enshrines the supremacy of the Constitution in the Algerian legal system. The Constitution states that the people represent the source of all power and are the custodians of the power conferred by the Constitution. The Constitution may express its sovereignty directly by means of a referendum. Being fundamental law, it is amended by a referendum after scrutiny by parliament, except in cases of minor importance, when it is evaluated by the Constitutional Council. 164. The state and its citizens are subject to the provisions of the Constitution and the laws of the Republic. The equality of all citizens in terms of rights and duties, without any discrimination whatsoever, is guaranteed by the public institutions. The Constitution requires all competent organs of state to be equally responsible for ensuring the execution of the decisions of the courts. 165. The enshrinement of the rule of law is represented by Algeria‟s adherence to the different international instruments on human rights (cf. supra.) and by its adoption of a body of laws to strengthen the promotion and protection of these rights. The Constitution itself includes a declaration of rights and duties. 166. Control over the constitutionality of legislation is assured by the Constitutional Council and its decisions are binding on all public authorities, including the military and security forces; therefore, the latter fall under the control of both the executive and the judicial powers. 69

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