Examining the Jurisdiction of Higher Administrative Authorities in Iran and Iraq’s Administrative Proceedings with Consideration of Administrative Justice

Abstract

The administrative apparatus, as the mechanism through which the state fulfills its responsibilities—including the provision of public services—is a fundamental subject in legal and administrative studies. The realization of governmental objectives requires a healthy and efficient administrative system. In addition to the need for qualified and honest personnel, the integrity and efficiency of administration also depend on the existence of effective guarantees and enforcement mechanisms. The principles of administrative hierarchy and administrative justice are among the guarantees embedded in legal systems to ensure administrative efficiency and integrity. According to the principle of administrative hierarchy, a higher-ranking authority supervises the performance of subordinate administrative staff to ensure that administrative actions are executed within the legal framework and scope of authority. Based on the principle of administrative justice, legal safeguards are envisioned to adopt, amend, revise, or annul administrative actions in pursuit of the public good and legal compliance. One of the intersections of the principles of hierarchy and administrative justice is the domain of administrative adjudication. This article seeks to examine, with due regard to the principle of administrative justice, the jurisdiction of higher administrative authorities to impose disciplinary measures on their subordinates within the administrative legal systems of Iran and Iraq, through a descriptive and analytical study of the governing laws in both countries. The adoption of administrative law frameworks derived from Continental European systems—particularly France—has led to similarities in the authority of higher administrative officials to discipline offending employees in both countries. However, in contrast to France, the guarantees of administrative justice in this type of adjudication are questionable due to lack of transparency, challenges in the right to defense, and discrimination. Furthermore, the existence of the Muhasaba system in Iraq, which enables political parties and movements to exert influence over the state and its functions, has introduced greater challenges for Iraq's system of administrative adjudication and justice.