The Role of Constitutional Courts in Protecting Fundamental Rights and Freedoms: A Comprehensive Analysis of the Algerian Constitutional System Under the 2020 Constitution

Abstract

This comprehensive study examines the transformative role of constitutional courts in safeguarding fundamental rights and freedoms, with particular emphasis on Algeria's 2020 constitutional reforms and the establishment of genuine judicial constitutional review. The research addresses a critical lacuna in North African constitutional scholarship by providing an in-depth analysis of how the Algerian constitutional legislator restructured constitutional protection mechanisms, transitioning from political oversight (through the Constitutional Council) to independent judicial review through the newly constituted Constitutional Court. The paper is grounded in three theoretical frameworks: (1) constitutional supremacy doctrine, which posits that constitutional courts function as guardians of the constitution's hierarchical primacy; (2) the principle of legal certainty, which recognizes that formal rights guarantees are meaningless without stable, accessible, and predictable legal frameworks; and (3) institutional independence theory, which emphasizes that courts can protect rights effectively only when structurally and functionally independent from political branches. Through systematic analysis of the 2020 Algerian Constitution and Organic Law 22-19, supplemented by comparative jurisprudence from Morocco, Romania, Colombia, Indonesia, Jordan, Georgia, and the European Union, this study demonstrates that Algeria's introduction of the exception of unconstitutionality represents a sophisticated procedural mechanism enabling ordinary litigants to access constitutional review. This mechanism, while having important limitations, provides a meaningful safeguard for the protection of rights.
The research critically evaluates whether institutional design alone, however sophisticated, can guarantee effective rights protection. Drawing on empirical evidence from quantitative and qualitative studies, the paper concludes that while institutional architecture is necessary, effective protection depends on complementary factors: judicial independence in practice (not merely in law), implementation of constitutional decisions by other state branches, legal culture that values constitutional limits on power, and public awareness of available remedies. The article contributes to constitutional law scholarship by: (1) providing the first comprehensive English-language analysis of Algeria's 2020 constitutional reforms; (2) demonstrating how civil law jurisdictions adapt common law and mixed-system mechanisms to protect rights; (3) identifying structural and procedural strengths and vulnerabilities in the Algerian model; and (4) offering evidence-based recommendations for enhancing constitutional protection while maintaining democratic legitimacy.