Constitution of Algeria

Judicial System of Algeria

The Constitution provides for an independent judicial system which protects the society and the liberties, based on principles of law and equality. It allows recourses against acts of public powers. The judge is protected against all types of pressures and he does not obey anything except the law. He is responsible before the High Council for judiciary. The Algerian judicial organization is characterized by three main features: the Jurisdiction duality, the simplicity of procedures and the rapprochement of the justice to the one to be tried..

The main structures of this system are :

- the Supreme Court: it is a law judge and punishes, in that capacity, any violation to the law. It decides as far as recourses are concrend, particularly, the motions for annulment and the motions to reopen proceedings.. In some cases, it is both judge of law and judge of content.

- the State Council: it is a regulating organ of the jurisdictions activity, under the Judicial power. It ensures the administrative case law unification through the country and sees to it that the law is respected. It benefits from independence while on judicial duty.

- the Superior Council of Magistrature: headed by the President of the Republic, it sees to it that the public office statutes is respected and controls discipline among magistrates..

Supreme Court of Algeria

The Supreme Court resides in Algiers. Its main directive is to ensure the equal and just application of law in all parts of the country. The Supreme Court has four major divisions: a Private Law chamber for civil and commercial cases, a Social Division that presides over issues of social security and labor, a Criminal Court, and an Administrative Division. The court has appellate authority over lower court decisions through the power of abrogation. This appellate power is more limited than United States notions of judicial review. The Supreme Court can review lower court decisions only on questions of procedure, not questions of legal dispute. When overruled, lower court decisions are returned to the lower courts for retrial. The Supreme Court issues no legal decisions and lacks jurisdiction over government actions and/or the constitutionality of government decrees. Traditionally, the Supreme Court has ruled in favor of sharia law over contemporary secular law.