Constitution of Algeria
Encyclopedia
An Algerian Constitution was first adopted by a referendum
in 1963, following the Algerian War of Independence
(1954-62); originally, it was to be drafted by a constitutional assembly led by Ferhat Abbas
, but this body was sidelined by Algeria's first President
, Ahmed Ben Bella
. In its 1963 form, the constitution declared Algeria a one-party state ruled by the former resistance movement, the National Liberation Front
(FLN). This constitution was suspended by the military coup d'état
of 1965. After years of ruling by executive fiat as leader of the Revolutionary Command Council
, Houari Boumédienne issued a second constitution in 1976, emphasizing the importance of socialism
and - formally - restoring political institutions to their primacy over the military establishment. (Boumédienne was then elected the country's second president, after having left the post vacant for eleven years.)
In 1986, Boumedienne's successor Chadli Bendjedid
modified the constitution to allow for free-market reforms, and, after the 1988 October Riots
, brought in a new constitution in 1988. This was approved in a referendum
by 73% on 23 February 1989. It introduced a multi-party system, removing the FLN from its role as leading party, and made no mention of socialism
; instead it promised "freedom of expression, association
, and assembly
". A 1992 military coup introduced a state of emergency
, which suspended parts of the new constitution, as the Algerian Civil War
began.
In 1996, the constitution was further modified, allowing the formation of political parties not "founded on a religious, linguistic, racial, sex, corporatist or regional basis" or violating "the fundamental liberties, the fundamental values and components of the national identity, the national unity, the security and integrity of the national territory, the independence of the country and the People’s sovereignty as well as the democratic and republican nature of the State."
A further proposed revision, believed to be intended to remove the presidential term limit (Article 74) to allow the President to run for office indefinitely often, was discussed during 2006 by Prime Minister
Abdelaziz Belkhadem
's government. This was widely seen to be instigated by President Abdelaziz Bouteflika
, who had been elected to his second and, constitutionally, final mandate in 2004. Other changes discussed concerned a move towards a presidential system
, introducing the post of Vice President
among other things.
A referendum
on the issue has been scheduled for 2007, although the exact changes proposed remain undisclosed.
Algerian constitutional referendum, 1963
A constitutional referendum was held in Algeria on 8 September 1963. The new constitution had been drawn up by the Constituent Assembly elected in 1962, and was approved by 98% of voters, with a turnout of 82.7%.-Results:...
in 1963, following the Algerian War of Independence
Algerian War of Independence
The Algerian War was a conflict between France and Algerian independence movements from 1954 to 1962, which led to Algeria's gaining its independence from France...
(1954-62); originally, it was to be drafted by a constitutional assembly led by Ferhat Abbas
Ferhat Abbas
Ferhat Abbas Kabyle: Ferḥat Σabbas, was an Algerian political leader and briefly acted in a provisional capacity as the yet-to-become independent country's President from 1958 to 1961.- Background :...
, but this body was sidelined by Algeria's first President
President of Algeria
The President of Algeria is the head of state and chief executive of Algeria, as well as the Commander-in-Chief of the Algerian armed forces.-History of the office:...
, Ahmed Ben Bella
Ahmed Ben Bella
Mohamed Ahmed Ben Bella was a soldier and Algerian revolutionary, who became the first President of Algeria.-Youth:...
. In its 1963 form, the constitution declared Algeria a one-party state ruled by the former resistance movement, the National Liberation Front
National Liberation Front (Algeria)
The National Liberation Front is a socialist political party in Algeria. It was set up on November 1, 1954 as a merger of other smaller groups, to obtain independence for Algeria from France.- Anticolonial struggle :...
(FLN). This constitution was suspended by the military coup d'état
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
of 1965. After years of ruling by executive fiat as leader of the Revolutionary Command Council
Revolutionary Command Council
Revolutionary Command Council may refer to:* Egyptian Revolutionary Command Council, body established to supervise Egypt after the 1952 Revolution* Iraqi Revolutionary Command Council, ultimate decision making body in Iraq before the 2003 invasion of Iraq...
, Houari Boumédienne issued a second constitution in 1976, emphasizing the importance of socialism
Socialism
Socialism is an economic system characterized by social ownership of the means of production and cooperative management of the economy; or a political philosophy advocating such a system. "Social ownership" may refer to any one of, or a combination of, the following: cooperative enterprises,...
and - formally - restoring political institutions to their primacy over the military establishment. (Boumédienne was then elected the country's second president, after having left the post vacant for eleven years.)
In 1986, Boumedienne's successor Chadli Bendjedid
Chadli Bendjedid
Chadli Bendjedid was the sixth President of Algeria from February 9, 1979 to January 11, 1992.-Early career:...
modified the constitution to allow for free-market reforms, and, after the 1988 October Riots
1988 October Riots
The 1988 October Riots were a series of street-level disturbances and riotous demonstrations by Algerian youth, in the autumn of 1988, which indirectly led to the fall of the country's single-party system and the introduction of democratic reform, but also to a spiral of instability and...
, brought in a new constitution in 1988. This was approved in a referendum
Algerian constitutional referendum, 1989
A constitutional referendum was held in Algeria on 23 February 1989. Coming after the 1988 October Riots, the new constitition removed references to socialism and allowed for multi-party democracy. Despite calls for a boycott by radical Islamists and opposition from trade unions and FLN members,...
by 73% on 23 February 1989. It introduced a multi-party system, removing the FLN from its role as leading party, and made no mention of socialism
Socialism
Socialism is an economic system characterized by social ownership of the means of production and cooperative management of the economy; or a political philosophy advocating such a system. "Social ownership" may refer to any one of, or a combination of, the following: cooperative enterprises,...
; instead it promised "freedom of expression, association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
, and assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
". A 1992 military coup introduced a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
, which suspended parts of the new constitution, as the Algerian Civil War
Algerian Civil War
The Algerian Civil War was an armed conflict between the Algerian government and various Islamist rebel groups which began in 1991. It is estimated to have cost between 150,000 and 200,000 lives, in a population of about 25,010,000 in 1990 and 31,193,917 in 2000.More than 70 journalists were...
began.
In 1996, the constitution was further modified, allowing the formation of political parties not "founded on a religious, linguistic, racial, sex, corporatist or regional basis" or violating "the fundamental liberties, the fundamental values and components of the national identity, the national unity, the security and integrity of the national territory, the independence of the country and the People’s sovereignty as well as the democratic and republican nature of the State."
A further proposed revision, believed to be intended to remove the presidential term limit (Article 74) to allow the President to run for office indefinitely often, was discussed during 2006 by Prime Minister
Prime Minister of Algeria
The Prime Minister is the head of government of Algeria.The Prime Minister is appointed by the President of Algeria, along with other ministers and members of the government that the new Prime Minister recommends. The People's National Assembly must approve the legislative program of the new...
Abdelaziz Belkhadem
Abdelaziz Belkhadem
Abdelaziz Belkhadem is an Algerian politician who is the Minister of State, Personal Representative of the Head of State. He previously served as Prime Minister of Algeria from 2006 to 2008. He is the Secretary-General of the National Liberation Front .Belkhadem was born in Aflou, Laghouat...
's government. This was widely seen to be instigated by President Abdelaziz Bouteflika
Abdelaziz Bouteflika
Abdelaziz Bouteflika is the ninth President of Algeria. He has been in office since 1999. He continued emergency rule until 24 February 2011, and presided over the end of the bloody Algerian Civil War in 2002...
, who had been elected to his second and, constitutionally, final mandate in 2004. Other changes discussed concerned a move towards a presidential system
Presidential system
A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....
, introducing the post of Vice President
Vice president
A vice president is an officer in government or business who is below a president in rank. The name comes from the Latin vice meaning 'in place of'. In some countries, the vice president is called the deputy president...
among other things.
A referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on the issue has been scheduled for 2007, although the exact changes proposed remain undisclosed.
See also
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
External links
- Texts of the Algerian constitution (Arabic)