Government Formation under the 2020 Algerian Constitutional Amendment: A Constitutional Analysis of Article 103 and the Limits of Presidential Authority

The government occupies a central position within the Algerian constitutional system as the second core component of the executive authority, alongside the Presidency of the Republic.Its constitutional significance lies not only in the scope of its powers but also in the mechanisms governing its formation, which constitute the institutional foundation for the exercise of executive authority.The 2020 constitutional amendment introduced substantial changes to the process of government formation, particularly through Article 103, by linking the appointment of the Prime Minister or the Head of Government to the results of legislative elections.This study aims to analyze the constitutional framework governing government formation in Algeria following the 2020 amendment, with a specific focus on the legal and political implications of Article 103.It examines the dual model adopted by the constitutional legislator, whereby the leadership of the government alternates between a Prime Minister and a Head of Government depending on whether the legislative elections produce a presidential majority or an opposing parliamentary majority.The research also explores the extent of the President of the Republic's discretion in appointing and dismissing the head of government, as well as the constitutional limits imposed on this authority.Adopting an analytical and doctrinal approach, the study critically assesses the balance of power within the executive branch, the degree of governmental autonomy, and the effectiveness of constitutional controls designed to regulate government formation.The findings reveal that, despite the apparent reinforcement of parliamentary influence through electoral outcomes, the President of the Republic continues to play a dominant role in shaping the executive authority.This dominance raises important questions regarding executive balance, political accountability, and constitutional coherence.The study concludes that while the 2020 amendment represents a qualitative development in Algerian constitutional practice, further clarification and refinement of constitutional provisions are necessary to strengthen institutional equilibrium and ensure effective democratic governance.