الثنائية المجلسية للـسلـطة التشريعية في الجزائر.

Abstract

After the adoption of the constitution in 1996, the council of the nation was constituted as a second parliamentary room, and Algeria entered among the bicameral parliament countries. Despite its disadvantages the bicamerism takes part in the rationalization of the political life and it increases the legislative authority since it gives the opportunity to other categories of people to prove them abilities and competence. It also permits a new space of discussions and opinion exchanges. As a result it leads to stability and to found a state of rights. Unfortunately the council did not prove its existence and its force till now. The motive of the constituent was to enlarge and widen the representatively and continuity of the state, but the real motive was of a political nature due to the change happened during the 1990’s after the moving to democracy and the multiparty and liberalism according to the constitution of 1989. The system was about to lose its legislative power which obliged it to change the rules of the game by creating a second house of the parliament to put a limit to the power of the first house of the parliament who may take decision which president refuses. To achieve this objective the constituent has extended the prerogatives of the president of the republic by allowing him to appoint a third of the members of the council of the nation and also to use the ordinance as a means of legislation. The president is also endowed with other legal means that allow him to become a real legislator, In this framework the council is composed so as to make it possible to limit the 1st chamber and to remove its president from any role during a transitional period following the vacancy of the position of the chief of state for the benefit of the president of the council of the nation. The latter chairs the parliament meeting in its 2 chambers and is thus question superior protocol to its counterpart of the 1st chamber that is why it is always part of the designated third. The member designed should play a certain role in favor of the one which designed him otherwise he loses his post at last. There fore the autonomy of the council and the parliament will be affected. It’s obvious and clear that the way of this designation of the members of this council has a direct influence on the council’s functions, that’s rally the legislative rent ability of the parliament in its weak, so the legislative performance of the parliament is too weak by limiting the field of the law and the initiation of the deputies in the face of the regulatory function of the executor. Legislation is often unclear and generic, and some organic laws and many executive texts have long been waiting to come into being, while the representatives of the people cants do anything.