The Algerian Constitution Amendment Bill of 2020: An Objective Analytical Study
Dr. Fatima Zahra Ramadan
Senior lecturer “A” – in Constitutional Law and Comparative Political Systems – Faculty of Law and Political Science – Abu Bakr Belkaid University – Tlemcen – Algeria
Abstract:
The idea of this research rose from the rising interest in the issue of the constitution and the release of the draft amendments prepared by the committee appointed by the President. The research provides a critical reading of this draft and raises the issue of the compatibility of the committee of experts’ proposals with the requirements of the quality of drafting, on the one hand, and the demands of the Algerian people on the other.
This research examines the defects in the drafting prepared by the concerned committee, with the aim of presenting recommendations to enrich these drafts in terms of form and content. The research highlights some proposals that were drafted in a technically sound manner based on the principles of quality, which will help improve the content of the constitutional document and, therefore, are worthy of assessment. On the other hand, the research examines proposals do not adhere to legal drafting rules, which require scrutiny, refinement, enhancement and enrichment. In its examination of these proposals, the research adopts a critical analytical approach to draw conclusions, and gives personal opinions whenever required. The main aim of this research is to draw the attention of those in charge of the amendment to potential lapses, in terms of content and scope, that could be avoided before the final approval of the constitutional amendment. The research concludes by offering some recommendations such as: paying attention to the way of writing the content of the constitution, reviewing some of its articles in line with society’s needs and reconsidering articles that were not covered by the amendment, e.g. guarantees for the transition towards the new republic.
Keywords: Structural template, formal quality standards, redrafting, content of amendments, constitution writing methodology.