Afrika Focus, Vol. 7, Nr. 3, 1991,pp 241-272

LA CONSTITUTION ALGERIENNE DE 1 9 8 9 : UNE PASSERELLE ENTRE LE SOCIALISME ET L'ISLAMISME?

Dirk BEKE
Séminaire de droit non-occidental Faculté de Droit (RUG) Universiteitstraat 4 9000 Gent

CHAMPS D'INVESTIGATION: droit africain, droit islamique, administration publique dans les pays en voie de développement

SUMMARY THE ALGERIAN CONSTITUTION SOCIALISM AND OF 1989: A

BRIDGE BETWEEN

ISLAMISM?

The riots of October 1988, the most violent uprising since independence against FLN-rule, forced president Chadli Bendjedid to accelerate and to extend the constitutional reforms announced earlier. An adaption of the constitutional law to the ongoing economic liberalization-process had become a necessity, but the popular pressure now not only asked economic changes, but also profound political reform. The new constitutional text was rapidly elaborated by a small circle of persons around the President and then submitted directly to a popular referendum. In contradiction with the procedure fixed by the previous constitution, the National Assembly was not involved nor even consulted. The constitution of 1989 generates an entirely new political regime. The word "socialism", basis of the official doctrine since independence and largely confirmed by the provisions of the constitution of 1976, is banned completely. The new constitution also provides for the political responsibility of the Head of the Government and the members of the

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Government to the National People's Assembly, and not any more to the President only. In the chapter on fundamental freedoms and the rights of man, it is explicitly provided that the State guarantees the right to form political associations. This new timorous formulation entails the end of the one-party system and the FLN's exclusive hold on power. Some basic principles remain: Algeria is still considered a popular democratic state. Islam is the state religion and the official