CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
government is supported by a government made up of ministers he chooses,
but who are also appointed by the President of the Republic.
226.
As the commander-in-chief of the army responsible for the nation‟s defence
and foreign policy, the President of the Republic is invested with the power to
grant pardons, sign presidential decrees, conclude and ratify treaties, as well as
exercise regulatory initiative. He presides over the Cabinet.
227.
The head of government decides on his programme in the Cabinet and
presents it to the parliament. He presides over the Council of the Government
and ensures the implementation of laws and regulations, as well as proper
functioning of the administration. He is invested with the power to promulgate
executive decrees and the power of appointment. He coordinates the actions of
ministerial departments within the framework of either inter-ministerial
councils or governmental councils before they are submitted to the Council of
Ministers, which gives final approval for decisions. These instances are
privileged forums in the arbitration of conflict within the government.
228.
The Council of State and the National Economic and Social Council (CNES)
issue recommendations on draft legislation in the case of the former, and on
particular issues in the case of the latter, at the request of the government.
229.
Legislative power is entrusted to a parliament made up of two chambers: the
Popular National Assembly (APN) and the Council of Senate (Senate). The
parliament draws up and has the sovereign right to pass legislation, and also
controls the action of the government. The initiative for introducing legislation
lies jointly with the government (on the advice of the Council of State) and the
APN (on the recommendation of at least 20 deputies). Legislation has to be
passed by both chambers on the basis of a collaborative procedure provided by
law.
230.
Judicial power is the subject of the third chapter of the Algerian Constitution,
which guarantees its independence. Judicial power has the task of protecting
society and the rights and freedoms of all citizens without any discrimination
whatsoever. The courts are subject only to the law and enjoy special protection
in exercising their functions. The career, appointment and regulation of judges
are governed by a higher council of the judiciary, which ensures adherence to
the constitution of the judiciary and whose text is applicable to all judges.
231.
Previously reduced to a mere function in service of the socialist revolution, the
judicial system has, since the constitutional reform of 1989, been converted
into an independent judicial power. The guarantees on the independence of the
judiciary are today the subject of two separate organic laws, the one organising
the Higher Council of the Magistracy and the other the constitution of the
judiciary. These laws conform to the United Nations principles relating to
judicial power. They aim, among other things, to strengthen the independence
of the courts and enshrine the principle of dual judicial and administrative
powers. Training and development in the judges‟ career are guaranteed, as
well as their tenure, right of association, and personal and material protection.
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