Before 1996, the socio-political context justified the absence of a jurisdiction specially dedicated to constitutional matters.

Indeed, regarding the control of the constitutionality of laws, under the 1960 and 1972 Constitutions, issues related to the constitutionality of laws and the regulation of the functioning of Institutions fell under the purview of the Federal Court of Justice (with the 1960 Constitution) and the Supreme Court (with the 1972 Constitution).

Concerning electoral matters, the establishment of a judicial procedure was of no particular interest before 1990, due to the single-party system. However, since the advent of multiparty politics, pluralistic elections necessitate the involvement of bodies managing electoral disputes. Jurisdiction over these disputes—concerning presidential, parliamentary, and referendum consultations—was assigned to the Constitutional Council following the 1996 constitutional revision.

This High Institution, organized by Law No. 2004/004 of April 21, 2004, as amended and supplemented by Law No. 2012/015 of December 21, 2012, was established by decrees dated February 7, 2018, notably No. 2018/104 on the organization and functioning of its General Secretariat, No. 2018/105 on the appointment of its Members, and No. 2018/106 on the appointment of its President.