Human Right Protection Mecharisms in the Legislative and Judicial Algerian systemA

Abstract

The concern for the human rights is of the most important goals of any modern society. The recognition of these rights of the individual and their protection is one of the causes of the stability of the state, so it seeks to organize and protect them through the means and mechanisms. Among these mechanisms is legislation; the first and most important mechanism. The Constitution is the first legislation to protect human rights as the supreme legal document in the country, and then comes the rest of the laws, organic and regular sub regulations and decisions. This protection can be also given by agencies responsible for oversight of the constitutionality of laws, whether political censorship in countries that embrace this method (constitutional councils) or judicial oversight in countries with Anglo-Saxon legal system (constitutional courts). The last of these mechanisms is the elimination mechanism in various grades, which are to turn to if the person is not protected by previous two mechanisms. This study focused on the detail of these mechanisms in Algeria through legislative and judicial position in the text and practice. The study came to several conclusions, including that there is a significant evolution in the mechanisms of protection of human rights in Algeria, compared to other countries, either through the enormous legal arsenal and continuous hard and legislative development, or through judicial treatment. Moreover, a recommendation is made to the study, this development needs to be encouraged and efforts to maintain and overcome the shortcomings that may stand in the way of the continuation.