The Role of Administrative Law in Achieving Transparency and Accountability in Iraq and Egypt: A Comparative Legal Study

Abstract

This study examines the role of administrative law in promoting transparency and accountability in Iraq and Egypt through a comparative legal analysis of the principal constitutional, administrative, institutional, and judicial mechanisms governing public administration. The study is based on the premise that transparency and accountability are not merely principles of good governance but essential legal requirements for ensuring the legitimacy, integrity, and effectiveness of administrative action. It analyzes the legal foundations of transparency, particularly the principle of legality, access to information, protection of public resources, and the obligation of administrative authorities to act within legally defined competences and purposes. Particular attention is given to the role of oversight institutions, including the Federal Board of Supreme Audit in Iraq and the Central Auditing Organization in Egypt, as well as internal administrative oversight and anti-corruption mechanisms. The study further evaluates the role of administrative judiciary in reviewing administrative decisions, controlling discretionary authority, addressing abuse of power, and protecting the principle of legality. It also examines disciplinary and criminal accountability of public officials as complementary mechanisms for preventing misconduct and ensuring compliance with official duties. The comparative analysis shows that both Iraq and Egypt possess substantial legal and institutional frameworks capable of supporting transparent and accountable administration, but significant challenges remain in practical implementation, institutional coordination, access to information, enforcement of oversight findings, and the effective application of legal responsibility. The study concludes that strengthening transparency and accountability requires an integrated administrative framework based on proactive disclosure, independent oversight, effective judicial review, enforceable accountability, digital administrative systems, and improved coordination among competent institutions. Such reforms are necessary to reduce the gap between formal legal guarantees and actual administrative practice and to strengthen public confidence in state institutions.