The Encroachment of Political Power Under the Guise of Law: Applying the Principle of Abuse of Rights in Confrontation with Political and Administrative Authority and Guarantees in Iraqi and Egyptian Law(A Comparative Study)

Abstract

This research aims to study the phenomenon of the overreach of political and administrative power under the principle of the abuse of rights, through an analysis of forms of abuse of power and the determination of the limits of legitimacy in administrative decisions and actions, while comparing Iraqi and Egyptian law. The research is significant because it addresses one of the fundamental problems in contemporary administrative law: how to balance granting the administration broad discretionary powers to ensure the smooth operation of public services with the necessity of protecting individual rights from any abuse or arbitrary use of these powers. Furthermore, it sheds light on the effectiveness of constitutional, legislative, and judicial guarantees in both systems. The research employs a descriptive-analytical approach and a comparative methodology based on analyzing legal and constitutional texts in Iraq and Egypt, and examining judicial applications issued by the administrative courts in both countries, in order to determine the effectiveness of these texts in limiting abuse and the overreach of power. The research concluded that both systems recognize the principle of legality and the principle of abuse of power as tools for overseeing administrative actions. However, the Egyptian system is distinguished by its multiple oversight mechanisms and the development of judicial interpretation in expanding the protection of individuals. In contrast, the Iraqi system still needs to strengthen procedural safeguards, broaden the scope of judicial review, and more rigorously enforce the principle of justifying administrative and disciplinary decisions. This would ensure a reduction in abuses of power and achieve a more effective balance between the public interest and the protection of rights and freedoms.