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.
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