|
PREAMBLE
PART ONE
GENERAL PRINCIPLES
GOVERNING THE ALGERIAN SOCIETY
PART TWO
ORGANIZATION OF POWERS:
The executive
power
The
legislative power
The
judicial power
PART THREE
CONTROL AND
CONSULTATIVE INSTITUTIONS
PART FOUR
CONSTITUTIONAL REVISION
|
PART FOUR
CONTROL AND CONSULTATIVE
INSTITUTIONS
CHAPTER I
Control
Art. 174 - Constitutional revision is decided on the initiative of
the President of the Republic. It is voted, in the same manner, in
accordance with the same conditions applied to a legislative text by the
People’s National Assembly and the council of Nation.
It is submitted to a referendum to be approved by the people within fifty
(50) days following its adoption.
The Constitutional revision, approved by the people is promulgated by the
President of the Republic.
Art. 175 - The law pertaining to the draft constitutional revision
not approved by the people is void.
It cannot be submitted again to the people during the same legislature.
Art. 176 - When the Constitutional Council considers that the
draft constitutional revision does not infringe, at all, upon the general
principles governing the Algerian society, the human and citizen's rights
and liberties, or does not affect, in any way, the fundamental balance of
powers and of institutions, the President of the Republic may promulgate,
directly, the law pertaining to constitutional revision without submitting
it to people's referendum if it obtains the voices of three quarters (3/4)
of the members of the two chambers of the Parliament.
Art. 177 - The three quarters (3/4) of the members of the two
chambers of the Parliament meeting together can propose a constitutional
revision and present it to the President of the Republic who can submit it
to a referendum.
If approved, it is promulgated.
Art. 178 - Any constitutional revision cannot infringe on:
1 - the republican nature of the State;
2 - the democratic order based on multipartism;
3 - Islam as the religion of the State;
4 - Arabic as the national and official language;
5 - fundamental liberties, human and citizen's rights;
6 - integrity of the national territory.
TRANSITIONAL PROVISIONS
Art. 179 - The legislative body in office at the date of the
promulgation of the present Constitution and up to the end of its mandate,
the President of the Republic at the end of the legislative body's mandate
and up to the election of the People's National Assembly, legislate through
ordinances including the domains pertaining to organic laws.
Art. 180 - Awaiting the setting up of the institutions provided
for in the present Constitution:
- the laws in force pertaining to the organic domain remain applicable up to
their replacement or modification in accordance with the procedures provided
for by the constitution;
- the constitutional Council, with its present representation, assumes the
prerogatives bestowed upon it by the present Constitution up to the time of
setting up institutions represented in its midst. Any modification or
addition should be subject to article 164 (paragraph 3) of the present
Constitution, resorting, if necessary, to drawing lots;
- the elected People's National Assembly will assume full legislative power
until the Council of Nation is set up;
However the President of the republic may delay the promulgation of the
laws adopted by the deputies until their adoption by the Council of Nation.
Art. 181 - The renewal of half (1/2) the members of the Council of
Nation during the first mandate is carried out at the end of the third year
by drawing lots. Members of the Council of Nation are replaced by drawing
lots in the same conditions and following the same procedure of their
election or appointment.
However, drawing lots does not concern the President of the Council of
Nation who assumes the first mandate of six (06) years.
Art. 182 - The President of the Republic promulgates the
constitutional revision text approved by the people and which will be
carried out as the fundamental law of the Republic. |