The right of defense in administrative litigation in light of the provisions of Iraqi and Algerian legislation

This study dealt with the right of defense in Iraqi and Algerian legislation through its nature, characteristics, principles and texts, and we learned that the right to defense is one of the inherent rights of the individual, which must be respected by those in authority in all normal and exceptional circumstances, as it is a set of rights that must be respected and applied during the criminal follow-up in Ordinary circumstances and in crises, which include all stages of follow-up from evidence, investigation and trial, in order for a person to obtain a fair trial guaranteed by law within the framework of respect for the rules of fairness and justice, and rather it is a flexible right that adapts to all circumstances even exceptional circumstances. The Iraqi and Algerian legislators have given great protection to the right of defense Whether with regard to legal protection or judicial protection, it has a set of characteristics and principles that guarantee strong protection for opponents, which made the researcher aware that the lesson is not to provide a huge amount of guarantees, but rather the lesson in the presence of a conscious administrative body that applies them, most of the comparative functional legislation, including Iraqi and Algerian legislation, has approved many guarantees However, the lack of administrators imbued with professional ethical values, due to the spread of administrative corruption and the resulting corruption The spread of illegal practices such as bribery, favoritism and mediation, and the resulting imitation of persons unrelated to the job, all contributed to the violation of these guarantees and hit them in most cases against the wall, which severely damaged the opponents.