Volume 20 No 22 (2022)
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The French Legislative System in Algeria and Its Effects on Algerians during the Colonial Era: A Historical and Legal Approach
Tamma Younes
This paper falls within the history of French colonial legislation in Algeria. It concerns the exceptional legal system applied during the colonial era and its extensive effects on Algerians, especially in political and economic terms. A special legislative system was established for what was called "overseas territories", given that the power to enact it was assigned to the executive authority. This authority was empowered to legislate through orders, decrees, and decisions regarding the administration of affairs of the majority represented by the indigenous population residing in areas decided to be annexed to France. Based on the aforementioned, this research paper attempts to demonstrate the role played by the French exceptional legislative system in Algeria compared to regular French law. It also aims to clarify the nature of the exceptional powers granted to the head of state in the legislative field, which in turn were delegated to the Governor-General in Algeria. Subsequently, I will attempt to prove that all this in no way justifies a policy based on racial discrimination nor the failure to comply with the provisions of French law. In this regard, the paper focuses on creating a historical and legal approach to the period under study.
Exceptional legislation, French laws, Algerians, Decrees, Orders.
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