The principle of impartiality of the administrative judge and its basis

Abstract

Despite variations in their legislation and legislative policies, different legal systems agree on the necessity of a set of fundamental principles that ensure the proper functioning and organization of the judiciary, enabling it to fulfill its function and achieve justice to the fullest extent. Among these principles, and indeed at its core, is the principle of the impartiality of the administrative judge. The importance of this principle is evident in the nature of administrative disputes, the specificity of the administrative lawsuit before the administrative judiciary, and the legal positions of its parties. This underscores the distinctive characteristic of the impartiality of the administrative judge. Based on this, we seek to clarify the concept and importance of the impartiality of the administrative judge, while highlighting its legal basis in comparative, Iraqi, and Kurdish legislations. This research adopts analytical and comparative methodologies and addresses these axes in two sections. The first section deals with the general conceptual framework of the principle of the impartiality of the administrative judge through two sub-sections. The second section is devoted to explaining the legal basis of the principle of the impartiality of the administrative judge in Iraqi and comparative legislation, also through two sub-sections. At the conclusion of this research, we present the most important conclusions we have reached and offer some suggestions that we deem necessary to strengthen this principle and ensure its effective application. Consolidating the impartiality of the administrative judge represents the cornerstone in building an impartial, fair, and capable administrative judiciary that protects rights and freedoms in the face of administrative authority.