A. Institutional framework
14. The institutional framework makes provision for constitutional and non
constitutional mechanisms
1. Constitutional mechanisms
15. The constitutional mechanisms are supported by political bodies and judicial
institutions
16. The 1989 Constitution, revised in 1996, then in 2008, provides for the separation
of the executive, legislative and judiciary powers. The constitutional regime is of
presidential nature.
17. According to article 163 of the Constitution, the Constitutional Council is the
guarantor of the constitutionality of laws. It ensures the conformity of laws with the
constitution, including respect for rights and freedoms. In addition, it controls the
regularity of people’s will as expressed in the presidential and legislative elections.
Composed of nine (9) members, it may be referred by the President of the Republic,
the President of the Council of the Nation and the President of the People's National
Assembly.
18. The legislative power revolves around the Parliament, which is a place for the state
to express democracy and pluralism. It controls the Government’s action and enacts
laws. Human rights matters are raised at the permanent commissions’ level, which were
created to this effect.
19. The constitutional reform of 28 November 1996 has established a two-tier system
of parliament; the People’s national assembly became the first Chamber of
Parliament. There are 462 members of parliament representing different political
obedience following parliamentary elections by direct universal suffrage. The Council
of the Nation is the second Chamber of Parliament. It is composed of 144 members,
with two third elected through indirect suffrage by a cluster of members of the
People’s regional (wilayas) and municipalities’ assemblies, while the President of the
Republic appoints the other 48 members.
20. Based on the Constitution, the President of the Republic and the Prime Minister
form the executive power in the Algerian political system. The President of the
Republic, Head of State incarnates the unity of the nation. He is elected by direct and
secret universal suffrage for a five-year term. He can ne re-elected. Moreover, the
Prime Minister implements the Programme of the President of the Republic and
coordinates the governmental action. The programme is submitted to the People’s
national Assembly for approval.
21. With regard to its human rights Policy, the executive power has carried out a
number of actions including the ratification of the main international human rights
instruments.
22. The independence of the judiciary is provided for in article 138 of the
Constitution, which states that « the judiciary is independent. It operates within the
legal framework »
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