Interpretive Policy in the Algerian Constitutional Jurisprudence Compared to French Constitutional Jurisprudence
Dr. Mohamed Mounir Hassani
Lecturer “A” – Faculty of Law and Political Science – Kasdi Merbah University – Ouargla – Algeria
Abstract:
The constitutional judge exercises the most important applications of interpretation on the Constitutional Review, when ensuring that the controlled texts conform to their basic references, which requires him to derive the meanings of the texts first to confront them with each other.
In this regard, by examining the Algerian constitutional jurisprudence, it appears that the Council is working with considerable interpretative techniques not provided by the Constitution, borrowed from comparative law, particularly from French constitutional jurisprudence. Moreover, it turns out that although practicing them in accordance with the techniques and rules of legal interpretation, but it expands in them often, which raises fears of infringement on the will of the author himself through the interpretation.
The comparative study of using these techniques will help to determine the nature of the interpretive policy of the Algerian Constitutional Council, and their size, in addition the importance to frame them in the rule of law.
Keywords: Constitutional Jurisprudence, Constitutional Interpretation, Interpretive Reservations, Constitutional Bloc, Techniques of Legal Interpretation.