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The Constituition of the Republic of Algeria

Revised Constitution approved by the Referendum of November 28th, 1996.

The CONSTITUTIONAL COUNCIL
9, Rue Abou Nouas, Hydra
Algiers, Algeria

Translation undertaken by the services of the Direction of Documentation
of the Constitutional Council.

 

 

PART 4

CONSTITUTIONAL REVISION

Article 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 (SO) days following its adoption.
The President of the Republic promulgates the Constitutional revision, approved by the People.

Article 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.

Article 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.

Article 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.

Article 178 - If approved, it is promulgated.
Any constitutional revision cannot infringe on:

  • the republican nature of the State;
  • the democratic order based on multiparty system;
  • Islam as the religion of the State;
  • Arabic as the national and official language;
  • fundamental liberties, and citizen's rights;
  • integrity of the national territory.

TRANSITIONAL PROVISIONS

Article 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.

Article 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.

Article 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.

Article 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.

 

 

 

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