Relationship and Differences between Administrative Law & Constitutional Law - Important Concepts

Описание: 00:00 Relationship between Administrative Law & Constitutional Law - Overview
03:13 Table showing the differences between Administrative Law & Constitutional Law

What is the Relationship & what are the Differences between Administrative Law & Constitutional Law?
Administrative law & constitutional law are closely interconnected branches of public law.
Since the Constitution is the supreme rulebook of the country, constitutional law provides the foundation for all the other laws in the country.
Constitutional law defines the structure, the powers, & the limits of the three branches of the government. It also covers the rights, liberties & the duties of individuals.
Administrative law focuses on the day-to-day functioning of the executive branch & the agencies under its control.
So, Administrative law derives its legitimacy & a number its principles largely from the Constitution, & administrative law operates within the boundaries of constitutional law.
For example, constitutional law says that citizens have a set of fundamental rights, which cannot be violated.
Then administrative law ensures that all the actions of the executive are within the boundaries set by constitutional law.
This table explains the relationship between administrative law & constitutional law.
In terms of legal hierarchy, constitutional law is the supreme law; & administrative law operates under the framework of constitutional law.
Administrative Law gains legitimacy from the Constitution’s grant of power to the executive & legislature. If the constitution specifically prohibits something, any administrative law that contradicts it will be void & illegal.
Constitutional principles like the rule of law, separation of powers, & fundamental rights guide & limit administrative actions.
Constitutional courts review administrative actions & administrative law to ensure they comply with constitutional norms, providing a check & balance. This concept of judicial oversight is provided by the constitution.
In administrative law, we cover the concept of delegated legislation – which are laws like rules, regulations & orders, which are made by the executive, using the power that is delegated by the legislature. Here, it the Constitution which implicitly allows for delegation of legislative powers to the executive.
While constitutional law defines fundamental rights, administrative law provides mechanisms & procedures that operationalize & protect those rights in practice.
The Constitution shapes constitutional law; & Constitutional Law shapes the evolution of administrative law; as interpretations of constitutional provisions evolve, so do administrative processes & safeguards.
For example, when article 370 was active – constitutional law provided the interpretation of that article – & that interpretation was used by administrative law.
When article 370 was abrogated, this re-shaped constitutional law, & these new changes in constitutional law are then followed by changes in administrative law.
This table covers the differences between administrative law & constitutional law.
In terms of scope, Constitutional law has a much broader scope, because not only does it provide a framework for the structure of the state & its institutions, it also covers the fundamental rights & freedoms of the citizens.
Administrative law has a narrower scope, because it specifically deals with the functioning, powers, & procedures of administrative agencies & the executive.
Constitutional law draws its authority from the constitution. Administrative law draws its authority from constitutional law, statutes made by the legislature & any subordinate legislation.
Constitutional law works at a higher level – & focuses on the distribution of sovereign powers to the three branches of the government, on the organization of government, & on fundamental rights & freedoms.
Administrative law focuses on how the executive implements & administers the law & how it uses its discretionary powers.
When constitutional law is subjected to judicial review, it is to confirm that the interpretation is in accordance to the constitution & its principles.
When administrative law is subjected to judicial review, it is to confirm that the administrative actions & procedures are in accordance to constitutional law; & in accordance to the statutes that give power to administrative law.
Constitutional law is relatively more stable & long-term. Because it changes only when the constitution changes or the interpretation of the constitution changes.
Administrative law is more flexible & dynamic. It can change & adapt to changes in the social, economic, political or technological environment. - within the limits of constitutional law.
And finally, constitutional law directly enumerates & safeguards the fundamental rights & freedoms guaranteed by the constitution.
Administrative law is more procedural, because ensures that the executive does not infringe on these fundamental rights & freedoms.