The arbitral jurisdiction of the State Council - a comparative study

Abstract

For a long time, the efforts of public administration and law scholars have
combined in the search for the best legal and administrative ways to advance the
progress of administrative activity: legal frameworks were established to apply
modern theories in management science. However, its activity still faces challenges
and legal and realistic problems, and it is expected that they will remain as long as the
management's activity is changing and renewed. That is why legal thought realized
that solving these problems can only be achieved through quick solutions; This
is because late solutions are no less dangerous than the problem remaining. That
is why the advisory section of the State Council has been entrusted with the task
of settling disputes that arise between the administrative authorities, and thanks
to this, two goals are achieved: speed and justice. The legal mechanisms used in
expressing legal opinion and advice are less complicated than the normal litigation
procedures, in addition to that. What the State Council has from the advantage of
being highly specialized: as the most knowledgeable, fastest responding and most
insightful body in developing appropriate solutions to the requirements and needs
of good governance. For this reason, legislators (in both Egypt and Iraq) chose
the State Council to take over this task through its advisory departments, with the
difference in some of the conditions necessary for its exercise.