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Mohamed, Salman Abdual-Azim Salman (2026) Analytical Study of the Principle of Functional Neutrality in Public Administration. American Journal of Public Law and Political Education, 3 (4). ISSN 2996-9425

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Abstract

This study analyzes the principle of functional neutrality in public administration, with particular attention to its conceptual foundations, legal basis, practical applications, and implementation challenges in Iraq. Using a descriptive-analytical method, the study reviews legal provisions, administrative-law scholarship, public-service rules, and institutional oversight mechanisms relevant to impartiality, equality, merit, integrity, and the protection of the public interest. The analysis shows that functional neutrality operates as both an ethical and legal-administrative obligation requiring public employees to perform official duties objectively and without partisan, sectarian, personal, or other improper influence. The findings further indicate that Iraqi law supports neutrality through constitutional guarantees of equality and equal opportunity, civil-service and disciplinary rules, judicial review, and integrity and audit institutions, although the framework remains dispersed across multiple legal instruments. Political interference, patronage, corruption, overlapping oversight mandates, and limited employee awareness remain major barriers. The study concludes that stronger legal clarification, merit-based personnel systems, independent oversight, transparent procedures, training, and administrative digitalization are necessary to consolidate functional neutrality and strengthen public confidence in public administration.

Item Type: Article
Uncontrolled Keywords: Functional neutrality, public administration, administrative impartiality, civil service, Iraq
Subjects: H Social Sciences
Depositing User: admin eprints
Date Deposited: 22 Oct 2026 02:40
Last Modified: 22 Oct 2026 02:40
URI: http://eprints.umsida.ac.id/id/eprint/17258

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