Between Reality and Aspiration:

A Critical Review of the Principle of Judicial Independence Considering the Algerian Constitutional Amendment of 2020

Samia Abdellaoui

 

Abstract : The principle of judicial independence is one of the key criteria used in establishing the state as a rule of law, and it serves as the foundation for safeguarding individuals' rights and freedoms. Judicial independence is just as important to citizens as it is to the judiciary. People see the judiciary as a crucial element of the state for peacebuilding, assuming its full independence both structurally and functionally. It is not immunity for judges, but rather a guarantee of their independence in terms of impartiality and neutrality in their judgments, enabling them to withstand any pressure from other authorities. The Algerian constitutional founders established the principle of independence and neutrality for the judiciary. However, the 2020 constitutional amendment represented a significant milestone in the 1996 Constitution's constitutional reforms, which included quality improvements for the judicial authority. This article argues that the amendment will be effective in achieving its goal of ensuring and supporting the judiciary, despite the current functional and organizational challenges that prevent it from fulfilling its assigned role. This will occur through the processes of appointing judges, the acceptance of the presidential right to grant pardons, the reduction of penalties, and the president's oversight of the judiciary.