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..