The President of the Republic
His Excellency Mr. Abdelaziz BOUTEFLIKA
President of the Republic.
Elected by direct universal suffrage and secret ballot for a five-year term and re-elected, the President of the Republic, Head of the State, embodies the unity of the nation.
The President of the Republic is the guarantor of the Constitution. He embodies the State in the country and abroad. He is addressed directly to the Nation. The President of the Republic exerts the supreme office within the limits fixed by the Constitution within the framework of the capacities which confer to him the constitutional provisions, in the executive, legislative and judicial fields.When the country is threatened of an imminent danger in its institutions, in its independence or in his territorial integrity, the President is invested by the constitution of exceptional capacities.
The Council of the Nation
The National Popular Parliament being founded on a demographic representation, the National Council assumes, by its different component, a geometrical role of balance and weighting in the legislative process.
The Council of the Nation is the second Chamber of the Algerian Parliament. Instituted for the first time by the Constitution of November 28, 1996 (Article 98), the Council of the Nation includes/understands 144 members, of which the 2/3, either 96 members, are elected by the indirect vote for all, among and by the elected officials of the Local Assemblies (Assembled Popular Communal and of Wilaya) within each Wilaya, the remaining third, or 48 members being indicated by the President of the Republic. The term of the office of the Council of the Nation is six years, the renewal being done however per half every three years. This caused besides the implementation of the transitional provision envisaged by article 181 of the Constitution, to determine first half to renew, in January 2001.
The Council of the Nation exerts with the National People's Assembly, the legislative power. For this reason, he votes the laws in the majority of the 3/4 of his members (Article 120). He can be seized only by the texts already adopted by the APN, for which he does not have however the capacity of amendment. In the event of dissension between APN and the Council of the Nation, an ad hoc Joint Committee is installed and is charged to propose a text revised which is subjected to the approval of the two Chambers, without possibility of amendment.
The National People's Assembly
The first legislative election in Algeria took place on September 20, 1962, that is to say a few months hardly after national independence. The purpose of the Assembly, elected for a one year mandate, was in particular to promulgate the fundamental law of the country, which gave rise to the Constitution of September 10, 1963, which will devote in particular the unicameral principle for the Algerian Parliament. The mandate of this National Assembly, will be seen prolonged one year in accordance with article 77. The recourse by the President of the Republic, October 03, 1963, with the exercise of the full powers, in accordance with article 59 of the Constitution, caused to freeze the activities of this National Assembly. From 1965 to 1976, it will be instituted at the top of the Algerian State the Council of the Revolution, agent of the sovereign authority (Ordinance of July 10 1965).The November 22, 1976, within the framework of the finishing of the institutions of the Algerian State, a new Constitution was promulgated, which will institute (Article 126) a single Chamber called National People's Assembly (APN), was charged with exerting the legislative power, was elected on February 25, 1977 for a five (05) years mandate, and was regularly renewed in 1982 and 1987.
The constitutional revision of February 28, 1989 will not derogate from the principle unicameral, by maintaining the Parliament Popular National, even if in addition it devotes a separation of the legislative powers, executive and legal (Article 92). The renewal of this Assembly, arrival in her term, was stopped by the resignation of the President of the Republic, which created a situation of gap in the law. This will involve the installation of transitory structures (High Committee of State and National Advisory Council then National of Transition Council), until the constitutional revision of November 28, 1996, which will modify the Algerian institutional landscape by founding a bicameral Parliament, composed of a APN (389 members), and of the Council of the Nation (144 members). These institutions were elected on June 5, 1997, and constitute the first pluralist Parliament of independent Algeria.
The Head of the Government
The Head of the Government, named by the President of the Republic, carries out and coordinates the program of the Government presented by the Council of Ministers and adopted by the National Popular Parliament.
In the executive field, the Head of the Government performs the functions enumerated expressly in the constitutional provisions under control of the Parliament. In the legislative field, he jointly has the initiative of the laws to the members of the popular Parliament Nationale and annually submits a declaration of general policy to the Parliament which can be completed by a resolution or a deposit of a motion of censure.
The Contitutional Council
The Constitutional Council was instituted by the Constitution of February 23, 1989. Article 153 subparagraph 1st lays out indeed, "It is instituted the Constitutional Council, charged with taking care of the respect of the Constitution".
Its composition, its competences, the duration of its members, the fields and the moments of control, the constitutional authorities entitled to seize it and finally the sanctions (opinion and decisions) which it pronounces as their effects are determined by the Constitution and are specified by other texts.
The composition of the Constitutional Council is governed by subparagraph 1st of article 164 of the Constitution. It is composed since the constitutional revision of November 28 1996 of nine (9) members: three (03) indicated by the President of the Republic of which the President, two (02) elected officials by the National People Assembly, two (02) elected officials by the Council of the Nation, one elected official (01) by the supreme Court and one (01) elected official by the Council of State.
Under the terms of the provisions of article 164 subparagraphs 3 and 4 of the Constitution, the President of the Constitutional Council is appointed for six (06) years a single mandate. The other members of the Constitutional Council fill six (06) years a single mandate and are renewed per half all the three (03) years.
Being the authorities, article 166 of the Constitution stipulates that the constitutional Council is received by the President of the Republic, the President of the National People Assembly or the Council of the Nation.
In addition to its attributions as regards control of constitutionality, the constitutional Council takes care, under the terms of subparagraph 2 of article 163 of the Constitution, with the regularity of the operations of referendum, election of President of the Republic and legislative elections and proclaims the results of its operations.