Tra “promessa contromaggioritaria” e sostanziale ineffettività. Diffusione e criticità della giustizia costituzionale in Maghreb

Between “counter-majoritarian promise” and substantial ineffectiveness. Circulation and challenges of constitutional justice in the Maghreb

Abstract

Between “counter-majoritarian promise” and substantial ineffectiveness. Circulation and challenges of constitutional justice in the Maghreb - This contribution examines constitutional adjudication in the Maghreb, focusing on a comparative analysis of the recent development vis-à-vis constitutional justice in Morocco, Tunisia, and Algeria. The analysis compares constitutional justice institutes and mechanisms in the three countries, emphasizing that despite the formal existence of constitutional courts/councils, numerous challenges have frequently arisen. These issues have contributed to the overall ineffectiveness of Constitutional courts, to the extent that these bodies have often faced executive interference, lacked authority, and, in many cases, proved ineffective or aligned with the ruling power. Overall, they have rarely served their fundamental counter-majoritarian role.

Keywords: Algeria; Constitutional adjudication; Counter-majoritarian function; Morocco; Tunisia.