Reconciling Administrative Judiciary Laws with International Standards in Protecting the Basic Rights of Citizens: A Comparative Study Between Iraqi and Egyptian Laws

Abstract

This study aims to evaluate the degree of alignment between the administrative judiciary laws of Iraq and Egypt and the international standards for the protection of fundamental rights of citizens. Through a comparative legal analysis, the research investigates key national texts—namely, Iraq’s State Council Law No. 17 of 2013 and Egypt’s State Council Law No. 47 of 1972—alongside prominent international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the UN Basic Principles on the Independence of the Judiciary.The research employs a descriptive-analytical method, focusing on the structural and legal frameworks that govern administrative justice in both countries. It analyzes the extent to which these frameworks reflect core international principles such as judicial independence, the right to effective remedy, fair access to justice, and judicial protection of fundamental rights including equality, liberty, and protection from administrative abuse. The study is structured around three main dimensions: the independence of administrative judiciary, accessibility to administrative courts, and the scope of judicial protection of rights. The findings reveal significant efforts in both jurisdictions, including expanded jurisdiction of administrative courts and constitutional support for judicial oversight of administrative actions. However, several challenges persist, such as limited financial autonomy, lack of regional court infrastructure, and the absence of transparent, merit-based criteria for judicial appointments. The study concludes with concrete recommendations for legal and institutional reform aimed at strengthening the independence and efficiency of the administrative judiciary in both countries. These reforms are essential to ensure full compliance with international obligations and to establish an effective legal mechanism that safeguards individual rights and reinforces the rule of law.