Guarantees of a Fair Trial During and After Administrative Disputes in National Legislation

Abstract

 This research addresses the topic of procedural guarantees following administrative disputes in constitutional legislation, given its importance in strengthening the principle of legality and protecting individual rights before public authorities. Administrative disputes are not limited to adjudication by the administrative judiciary; rather, the need arises for subsequent guarantees that ensure the enforcement of judgments and protect individuals from any administrative abuse that may occur later. The research analyzes the constitutional basis of these guarantees in both the Iraqi and Lebanese experiences, with reference to some comparative models. It also highlights the role of constitutional and administrative courts in strengthening these guarantees. The research aims to clarify shortcomings in some legislation and offer solutions that enhance administrative justice. Through a comparative analytical approach, the research seeks to provide a precise legal treatment of this vital topic.

This research aims to analyze the constitutional framework of these guarantees in the Iraqi and Lebanese experiences, drawing on comparative studies, to assess the success of these systems in enshrining procedural safeguards and achieving administrative justice in its various dimensions. It also highlights the constitutional foundations of these guarantees, reveals shortcomings or ambiguities in current legislation, and offers a comparative analysis that clarifies the differences and similarities with other constitutional systems. This approach strengthens the Arab experience and contributes to practical solutions that support the rule of law and enhance citizens' trust in state institutions.