CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
local elected members and the progressive disaffection of the electorate also
need to be highlighted. These issues – especially the management of diversity
– call for special attention on the part of political parties and public authorities.
A campaign to strengthen democracy within political parties themselves would
go some way to remedying some of these problems. The Algerian authorities
have begun to deal with this problem by taking a series of affirmative action
decisions in relation to the population from the south. The appointment of
Tuaregs to the National Council (Senate) by the President of the Republic can
be mentioned by way of example.
182.
The CRM nonetheless considers the political pluralism of the assemblies and
the noted presence of independent candidates (including within the APN
where they represent an active parliamentary group, despite the dominance of
the presidential alliance) to be symptomatic of the progress achieved in the
sphere of electoral competition.
183.
Building the democratic state and the rule of law. Following the painful
interlude represented by the negation of democratic and republican values, the
project of building a democratic state based on the rule of law and justice now
constitutes the focus of political consensus. The Constitution has returned to
being the fundamental standard organising and legitimising the powers of the
various authorities.
184.
An independent constitutional court (the Constitutional Council) guarantees
the supremacy of the Constitution and is developing a jurisprudence that
assures the compliance of legislation with the Constitution, the expression of
the sovereign will of the people through their choice of representatives, the
independence of the judiciary and the courts, as well as the equality of citizens
in terms of rights and duties, but also before the law.
185.
Limitations on the right of referral of the said Council restrict the capacity of
elected representatives, and especially the parliamentary minority, to ensure
that the will of the majority conforms to the Constitution. The envisaged
amendment of the Constitution should extend this right of the Constitutional
Council to a third or a quarter of the deputies and members of the National
Council. The amendment could also pave the way for the Constitution to
enshrine human rights, which do not figure in it although they are mentioned
in international instruments ratified by the Algerian state, for example the right
to a healthy environment, as articulated by the African Charter of Human and
Peoples‟ Rights.
186.
The modernisation of the legal system is an excellent initiative. It is hoped that
the practices that this engenders will contribute effectively to the definitive
consolidation of rule of law in Algeria. This relates certainly to the adoption of
measures that are likely to improve the perception the Algerians themselves
have of “the effectiveness of the provisions establishing the rule of law and the
primacy of the Constitution”, at least if the results of the February 2007
opinion survey are to be taken seriously. Some 44.9 per cent of those surveyed
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