Legal Certainty of Rights and Freedoms in Algeria: Beyond the Constitutionalization

Abstract The principle of legal certainty serves as a crucial safeguard, preventing rights and freedoms from being lost in a vast, complex, and often unstable legal framework. This study delves into the gap in Algerian law between the constitutional text ensuring the legal certainty of rights and freedoms and the lack of detailed measures to implement this provision. By examining how each certainty requirement of rights legislation is applied within the national legal landscape, the study uncovers significant deficiencies in ensuring citizens’ easy access to legislation encompassing their rights and freedoms. Addressing these challenges necessitates the implementation of various legal and technical measures. Furthermore, ensuring the clarity of these laws demands a systematic review process to rectify any drafting flaws. Legislative stability, closely linked to legality in the Algerian constitution, benefits from relatively reliable guarantees in the field of fundamental rights.