GOVERNING THE ALGERIAN SOCIETY
ORGANIZATION OF POWERS:
The judicial power
CONTROL AND CONSULTATIVE INSTITUTIONS
ORGANIZATION OF POWERS
Art. 138 - The judicial power is independent. It is
exercised within the framework of the law.
Art. 139 - The judicial power protects the society and the
liberties. It guarantees, to all and to everyone, the safeguard of their
Art. 140 - Justice is founded on the principles of lawfulness and
It is the same for all, accessible for all and is expressed by the
respect of the law.
Art. 141 - Justice is dispensed on behalf of the people.
Art. 142 - Punishments should comply with the principles of
lawfulness and individuality.
Art. 143 - Justice deals with appeals against and administrative
Art. 144 - Justice decisions are justified and pronounced in
Art. 145 - All the qualified State bodies should ensure, at any
time, in any place and in any circumstances, the execution of justice
Art. 146 - Justice is pronounced by magistrates. They can be
assisted by People's assessors in accordance with the conditions defined by
Art. 147 - The judge obeys to the law only.
Art. 148 - The judge is protected against any form of pressure,
interventions or manoeuvres which prejudice his mission or the respect of
his free will.
Art. 149 - The magistrate is answerable before the High Council of
Magistracy and within the forms prescribed by the law on the way he
accomplishes his task.
Art. 150 - The law protects the justiciable against any abuse or
deviation of the judge.
Art. 151 - The right for defense is recognized.
In penal matters, it is guaranteed.
Art. 152 - The High Court is the regulating body of the activities
of the courts and tribunals.
A Council of State is instituted as a regulating body of activities of
the administrative jurisdictions.
The High Court and the Council of State are responsible for the
unification of jurisprudence throughout the country and see to the respect
of the law.
A Tribunal of Conflicts is instituted to settle conflicts of competency
between the High Court and the Council of state.
Art. 153 - The organization, the functioning and other
attributions of the High Court, the Council of State and the Tribunals of
Conflicts are defined by an organic law.
Art. 154 - The High Council of Magistracy is presided by the
President of the Republic.
Art. 155 - The High Council of Magistracy decides, within the
conditions defined by the law, the appointment, transfer and the progress of
the magistrate’s careers.
It sees to the respect of the provisions provided for in the statute of
the magistracy and of the control of discipline under the chairmanship of
the First President of the High Court.
Art. 156 - The High Council of Magistracy gives a prior
consultative opinion to the exercise of the right of free pardon by the
President of the Republic.
Art. 157 - The composition, the functioning and the other
prerogatives of the High Council of Magistracy are defined by an organic
Art. 158 - A High Court of State is instituted to deal with
actions that can be qualified of high treason committed by the President of
the Republic, with crimes and infringements committed by the Head of
Government during their office.
The composition, the organization and the functioning of the High Court
of State as well as the procedures of implementation are defined by an