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Ohio Northern University International Law Journal

Wakil Musleh

Abstract

Administrative law is one of the key components of the rule of law in a country. The functionality of public administration mostly depends on good administrative laws and procedures. The ambitious phenomenon of transparency and accountability in public administration can only be achieved through good public administrative social contracting laws. As every component of the rule of law needs reform, administrative laws also need initiatives for reform. The administrative laws need to be amended and updated based on the time requirements and circumstances to make sure they function well. Thereby, this paper comparatively studies and analyzes the administrative law initiatives and reforms in three countries: Afghanistan, The Republic of Georgia, and Pakistan. The paper reflects on the historical view of administrative laws and policies in Afghanistan and discusses the related legislation passed for this purpose. Furthermore, it discusses the strengths and weaknesses of public administrative reform initiatives and their framework. At the end, the paper will provide recommendations for the government of Afghanistan in compliance with the lessons learned from the innovative approaches taken in Georgia and Pakistan. The study finds that the Public Administration Reform (PAR) process in Georgia has been smoother than the PAR in Pakistan and Afghanistan because Georgia has had a political will on PAR from the top to the bottom. Pakistan, due to the several regime changes, has struggled to survive but has implemented PAR initiatives that developed to the level of administrative law reforms. In Afghanistan, the PAR after the Bonn Conference Agreement has led to failure due to the pervasive administrative corruption and lack of political will and has not been able to justify the international funds raised for it. However, the Independent Administrative Reform and Civil Service Commission (IARCSC) has brought about structural reforms including the new administrative law and procedure, and the establishment of an electronic recruitment system within IARCSC.

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