الشرعية الدستورية و حقوق الانسان في قانون الإجراءات الجزائية الجزائري

Résumé: The observer of the Algerian Criminal Procedure Code, in its organization and its achievement of the required balance between the two conflicting interests, the public interest, which appears through the need of making an effective criminal justice, and the self-interest, which consists of the protection of individual liberty and all related human rights, sees the reflection of the actual constitution of the state, on the degree of respect for human rights. Due to the fact that the constitution is responsible for establishing the fundamental principles of constitutional legitimacy which the state requires it, and which reflect the involvement of state authorities in the protection of the freedom of individuals. Consequently, the influence of the political and constitutional system appears as it is prevailing and dominating the legislature by formulating the text of the Criminal Procedure Code or by cancellation or modification, in a context consistent with democracy and human rights, the subject of the research is to make an attempt to put in the relationship, which we have called "dynamic" of the constitutional legitimacy and human rights toward the law, which I envisioned it is the closest to realize the dynamics and vitality needed to activate legal mechanisms of the state in contemporary democratic society, usually through criminal proceedings, particularly through the Algerian Criminal Procedure Code, by elucidating the importance of the above dynamic, amid the democratic movement that the Algerian state has experienced, aimed to establish the rule of law, which revolutionary legitimacy has been replaced by constitutional legitimacy through constitutional consecutive trials, and most laws were subjected to its specific reactions and to the diversity of its policies in relation with the personal freedom through the changes it has undergone, to highlight the urgent realization of the democratic course and the conviction of all people and authority, construction Democratic businesses and even the culture of the individual regarding his relationship with human rights. And with that, the problematic subject of the research is as follows: How Algerian ordinary legislator has shown its commitment to execute the will of the constitutional legislator, in the protection of human rights through the contents of the Code of Civil Procedure, texts and changes it has undergone, to clarify and guarantee the required balance between two conflicting interests, the public interest which results in the need of making an effective criminal justice and the self-interest that results in the protection of individual liberty and all related human rights, and the affirmation of the right objective intent to establish the rules of the rule of law and justice which the Algerian individual dreams of living in the integration of constitutional principles and details of Algerian Criminal Procedure.

Publié dans la revue: