Chapter Three: Sources of Law

According to Article 1 of the Algerian civil law, there are two types of sources of law; the
main source is represented in legislation, the secondary sources are respectively: Islamic Law
(Sharia), Custom, Principles of Justice and Natural Law.

1- Main source:

* Legislation:

Legislation can be defined as the total of legal rules issued by the legislative authority.
The term legislation refers to the written legal rules set by the competent authority. This authority is
a body that usually represents the people, such as the People's Assembly, the Council of Nation, the
House of Representatives, and the Senate, and this authority in some types of legislation, can be
represented by the head of state or competent minister, accordingly, the law issued by the People's
Assembly is called (legislation), as the regulation issued by the competent minister is called
(legislation).

2- Secondary Sources:

a) Sharia or the Principles of Islamic law: They are principles and rules derived from the holy
Quran and The prophet Mohammed’s Sunnah (Peace Be Upon Him).
b) Custom: They are legal rules not issued by a specific body, but rather it is what people have
used to follow in their dealings for a long time with the belief that this behavior is obligatory.
c) Principles of Justice and Natural law:They are principles of the law that is inherent in the
nature of social ties between individuals.This law is an eternal law like all laws that govern
natural phenomena, it is unchangeable with the change of time or place, and a person can reach
it through reason.These principles are a set of the ideals and sublime values common to all
nations.

Legislation
Main Source written rules issued by the
legislative authority ( parliament)

Sources of Sharia ( Principles derived from

Quran and Sunnah
Law
Secondary Sources Custom ( Habits and beliefs)

Principles of Justice and

Naatural law (Justice, Equity,
Equality)
* Legislative Authority in Algeria:

According to the Algerian Constitutional Amendment of 2020 (Article 98), the legislative
authority exercised by a parliament consists of two chambers (bicameral), namely, People's
National Assembly and Council of the Nation.

a) People's National Assembly

All members of the People's National Assembly are elected directly and secretly for a period of
five years (Article 101 of the 2020 Constitutional Amendment). The PNA consists of 407 seats (8
allocated to the Algerian community abroad) distributed in 58 electoral districts in Algeria and 4 in
regions abroad.

b) Council of The Nation:

It consists of 174 members. Two-thirds of them (116) are elected indirectly, among and by the
members of the people’s municipal and provincial assemblies, with two seats for each state, while
the remaining third (58 members) are appointed by the President of the Republic, among the
national figures and competencies for 06 years, and the composition of the Council is renewed by
half every three years (Articles:101, 102 of the 2021 constitutional amendment).

People's National Assembly

• 407 Members elected directly;
• Can be dessolved by the president;
• It has the right to amend;
• It votes for law by a simple mjority.

Council of the Nation

• 174 Members; 116 members elected indirectly, 58 members ppointed by the president;
• Cnnot be dessoved, it ensures the stability and continuity of the state;
• It has no right to amend;
• It votes laws by 2/3 of voters.