The constitutional basis for obligating the administration to transparency

Abstract

The rule of law requires that the various state bodies be subject to its provisions and not to deviate from them, out of respect for the principle of legitimacy, which requires that all actions issued by the public administration be consistent with what it requires, as one of the public bodies of the state, while being subject in this context to parliamentary and judicial oversight to ensure respect for legitimacy. Since administrative work is subject to the rule of administrative confidentiality in an effort to preserve the public interest and make the administration work with great freedom in accomplishing the tasks assigned to it, as well as protecting the privacy of individuals, a kind of separation has been created between the administration and the decisions it issues and those dealing with it, especially with the administration adopting the privileges of public law based on subjecting those dealing with it to what it issues by its sole will without obligating it to state the reasons and justifications for its decisions, and if the requirements of democracy require communication and dialogue between the rulers and the ruled.