Relationship between Constitutional Law and Administrative Law - ddttrh.info
The Relationship between Constitutional Law and Administrative Law: An Indian Perspective by Abhishek Dubey*. Cite as: () PL August 7. Administrative. Constitutional and administrative law covers a broad area of law. It provides the rules with which issues in society can be solved by government authorities. Relationship Between Constitutional Law And Administrative Law Constitutional and administrative law both govern the affairs of the s.
The Constitution is the supreme document enacted to be a working document for governance. Some of its features are as follows: Similarities between Administrative Law and Constitutional Law Administrative law and constitutional law are of common public law ancestry.
They are both about power and accountability — power of legislation and the accountability of those vested with the authority of enactment and enforcement. Administrative law and constitutional law border on the distribution and exercise of power within the State, and the relationship between the State and the individual.
Contrasts between Administrative Law and Constitutional Law Nonetheless, some differences are still identifiable between the two. Constitutional law is the law relating to the Constitution of a State, distribution of powers amongst the arms of government, and human rights for its citizens.
Constitutional and administrative law - Leiden University
In the Nigerian context, the course of study would include the study of powers of the Federation, Fundamental Objectives and Directive Principles of State Policy, Citizenship, Fundamental Rights provisions, Law-making Procedures, Revenue Allocation, and the powers of the three arms of government.
Constitutional law deals with the legal foundations of the institutional hierarchy through which the State is governed. It concentrates in particular on the rules, both legal and conventional, which explain and regulate the composition, powers, immunities, procedures of, and relationship between, those institutions….
So, what features typical of constitution can we extract from the above?
They are provided below: The difference between the two is really one of practical convenience only. Administrative law is that branch of public law which deals with how the administration is controlled and made accountable.
It determines the powers and duties of administrative authorizes, the procedure followed by them in exercising their powers and discharging the duties and the remedies available to an aggrieved person when his rights are affected by an action on the part of such authorities.
Relationship between Constitutional Law and Administrative Law
Common law legal systems, from the view point of their inherent traits, do not maintain this distinction. But in recent time there has been a growing tendency to draw a distinction between constitutional law and administrative law.
While the constitutional law deals with the basic principles outlining the structure, powers and functions of the principle component organs of the government e. For example, how the composition of the Executive, Legislative and Judiciary would be.
What would be their nature, what basic functions they would discharge-all these are subject matters of constitutional law. But the residue powers and functions of all officials of these departments, their duties, their control, their salaries, office agenda, settlement of disperses-etc.
According to Maitland, while constitutional law deals with structure and the broader rules which regulate the functions, the details of the functions are left to administrative law.