By Prof. Nawal Lasledj
Introduction
Algeria has a long history with the struggle for liberation, prosperity and human rights. After December 2010 during the Arab Spring revolutions, various constitutional amendments were undertaken in the region including in Algeria. These measures in Algeria address revolutionary demands or constitutional reform for democratic stability. Since 2000, Algeria has witnessed several significant milestones in constitutional amendment. Driven by post-2011 unrest, Algeria's 2016, 2020, and 2026 constitutional amendments aimed to contain public discontent, rebalance power, and adapt to domestic and regional challenges.
A Proactive Approach to Constitutional Amendments
Pre-Arab Spring, Algeria proactively amended its constitution to manage diversity, guarantee rights, and ensure political stability. Among these was the 2002 constitutional amendment, the most notable feature of which made Tamazight second national language. These amendments succeeded to calm the social and political climate following the events of the "Black Spring" (or "Amazigh Spring") in the Kabylie region (1980) and the "Black Spring" (2001). Another constitutional amendment passed in 2008 and considered one of the most controversial amendments in Algeria's modern political history eliminated presidential term limits entirely, replacing a two-term limit with the right for unlimited re-election. Algeria’s constitutional amendments enabled President Bouteflika to secure third and fourth terms, justified by "political stability" and national reconciliation.
Demands for Political Reform Following the Arab Spring Revolutions
Algeria contained the 2010–2012 Arab Spring protests through constitutional reforms, avoiding regime change and sustaining amendments through 2026.
The 2016 Constitutional Amendment: This amendment did not immediately follow the Arab Spring; rather, it was introduced after the political situation had stabilized. The 2016 amendment aimed to establish a balance of powers and open the political sphere to democratic practice, while simultaneously preserving national unity, political stability, and the core nature of the political system. The 2016 constitutional amendment stated in Article 3 that Arabic will remain the official language and affirms in Article 4 that ‘Tamazight is equally national and official language’ and provides for measures for its promotion and development, including through the High Commissioner for ‘Amazigh-ness’ (HCA). The 2016 constitutional amendment consolidated national identity by maintaining Arabic as the official language while elevating Tamazight to an equal official language, supported by the HCA. Politically, it restored the two-term presidential limit and mandated parliamentary-presidential consensus when appointing the Prime Minister, curbing executive power.
The 2020 Constitutional Amendment: On February 22, 2019, Algeria witnessed a peaceful popular movement that led to the ousting of President Abdelaziz Bouteflika. This movement paved the way for significant political changes, most notably the 2020 constitutional amendment, which was ratified via a national referendum. These amendments redesigned the theory of the separation of powers by slightly curtailing the President's authority in favor of Parliament and the Head of Government (Prime Minister). They also addressed anti-corruption measures, judicial independence, and the guarantee of rights and freedoms, while mandating parliamentary approval for any military activities undertaken by the National Army outside Algerian territory. It is argued that, these reforms strategically targeted three objectives: (1) responding to the popular movement's demands and rebuilding trust between citizens and state institutions; (2) legitimizing the new political order under the banner of a "New Algeria"; and (3) enhancing the flexibility and adaptability of Algeria's foreign and defense policies to confront mounting regional security challenges. In summary, the constitutional reforms of 2016 and 2020 served as a political response to popular demands and crises, aimed at ensuring the state's stability and continuity.
Rationalizations of the 2026 Technical Adjustments
On March 25, 2026, both chambers of the Algerian Parliament approved a new package of amendments. Officially described as "technical" adjustments intended to address loopholes and imbalances that emerged during the implementation of the 2020 constitutional provisions. These amendments were passed directly by Parliament without a national referendum, on the grounds that they did not infringe upon national constants or the principle of the balance of powers. Unlike the comprehensive 2020 amendment, these new technical adjustments left the constitution's core philosophy intact, focusing solely on refining procedural mechanisms and resolving legal loopholes exposed during implementation.
The following are the key constitutional amendments included and the rationale behind them:
Candidacy Requirements for the Presidency: The constitutional reform introduced a requirement mandating that any candidate for the presidency of the Republic hold a university degree. Under the updated text affecting candidate eligibility (revising Article 87), candidates must show evidence of educational attainment alongside traditional criteria like age, nationality, and residency
Reorganization of the National Independent Authority for Elections: The constitution amended the mandate of the "National Independent Authority for Elections," limiting its role to legal oversight, ensuring the integrity of electoral and referendum processes, and guaranteeing the Authority's professionalism, while excluding the logistical and material aspects of organizing the electoral process.
Reconstitution of the High Council of the Judiciary: The 2026 constitutional amendment sought to rectify the composition of the High Council of the Judiciary by adding the Public Prosecutor as a member and removing representatives from the union and the head of the National Council for Human Rights. The inclusion of the Public Prosecutor was intended to ensure cohesive judicial representation within the Council.
Extension of the Term of the President of the Council of the Nation: The 2026 constitutional amendment in Algeria extended the term of the President of the Council of the Nation (the second chamber of parliament) to six years to ensure the stability of the legislative institution's operations.
Conclusion
Algeria’s political class was divided over the 2016, 2020, and 2026 constitutional amendments, with opposition circles viewing them as power-consolidation tools lacking consensus. Persistent public dissatisfaction was evident as the 2016 reforms failed to prevent the 2019 uprising against Bouteflika’s fifth-term bid, while the 2020 "Hirak"-response referendum saw a record-low 23.8% turnout. This reflected a lack of trust and public rejection of the outcome, which was perceived merely as maintaining the status quo without substantive change. As for the 2026 constitutional amendment, regional and international observers viewed it as failing to bring about any change in democratic practice. Supporters argued that the amendments stabilized Algeria, averting the chaos of the 1990s and the Arab Spring-style regression.
Bio:
Nawal Lasledj is a Professor of Public Law at the University of Skikda, Algeria. She possesses more than 15 years of experience in constitutional law reform and has published and presented extensively on this subject at both regional and international conferences. Additionally, she contributes her legal expertise to peacebuilding initiatives of the African Union.