Constitutional law deals with the rights and administrative law lays emphasis on public need differences between a student of administrative law is not concerned with how a minister is appointed but only with how a minister discharges his functions in. As emphasised in the introductory chapters, the study of the united kingdoms constitutional and administrative law involves rather more than a. They will probably see many similarities between the state act and the federal apa. Common law, statutory law and administrative law and. Most of the law you learn in the course comes from one of these sources. Human rights as international constitutional rights. Comparing constitutions allows us to consider the similarities and differences in forms of government, and the normative philosophies behind constitutional choices. Whatever the general degree of analogy or disanalogy between international and constitutional law,1 domestic bills of rights and international human rights law perform the same basic function of stating limits on what governments may do to people within their jurisdictions. The aim in this book has been to provide sufficient detail to meet all such needs in a userfriendly manner.
This article describes the differences between constitutional law and administrative law. Dicey observed the rules which were part of constitutional code in other countries, flowed from ordinary law in england. Ever since the wednesbury decision in 1947 associated provincial picture houses ltd v wednesbury corporation 1948 1 kb 223 courts and public law scholars in the united kingdom uk have been struggling to comprehend the meaning of reasonableness and its relation to proportionality. This year, a new economic policy has been made, a double taxation agreement between the united kingdom and the hong kong special administrative region of the peoples republic of china was signed in london on 21 june by david gauke mp, exchequer secretary to the treasury and professor k. South african administrative law is the branch of public law in that country which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in presentday south africa, which regulates the activities of bodies that exercise public powers or perform. None should have exercise more power than other bodies and there should be in. Constitutional and administrative law both govern the affairs of the state. Due to this lack of clarity, it will be vital to observe the views of jurists and scholars on the difference between administrative law and constitutional law. So constitutional law are the laws the federal government needs to follow and uphold in federal territories as well as between. However, in countries with a written constitution there. Common law, statutory law, administrative law, constitutional law. Constitutional law deals with the rights and administrative law lays emphasis on public need differences between a student of administrative law is not concerned with how a minister is appointed but only with how a minister discharges his functions in relation to an individual or a group.
The administrative law is but an adjunct of the constitutional law. Relationship between national and international law. Although constitutions can be revised andor amended the process is extremely complex 1 and time consuming and often defined in the constitution itself. Cambridge core constitutional and administrative law the cambridge companion to comparative constitutional law edited by roger masterman.
To the early english writers on administrative law there was no difference. Relationship between constitutional law and administrative law administrative law. The relationship between the administrative law and constitutional law is not very watertight, sometimes administrative law invades into the territory of constitutional law, so it is very important for jurists, scholars and law students to develop a proper understanding between the relationships between these two. Dec 05, 2008 aministrative law is concerned with the intricacies of running a government while constitutional law is all about the issues of the legality of the provisions of the constitution. To the early english writers on administrative law, there was virtually no difference between administrative law and constitutional law. An indian perspective the relationship between constitutional law and administrative law. Relationship between administrative law and constitutional law. South african administrative law is the branch of public law in that country which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in presentday south africa, which regulates the activities of bodies that exercise public powers or perform public functions, irrespective of whether those. Public law has a direct impact on each individuals. We merely hope to show that the similarities between the two kinds of legal systems, which are suppressed by the traditional divide, are more interesting and fruitful than has been commonly recognized.
In leiden constitutional and administrative law is studied as an integrated whole. The relationship between constitutional law and administrative law. Although constitutional and administrative law differ in their scope and purpose, constitutional law plays a large part in administrative law. Whenever a private or public body undertakes a public function or performs a public power, or whenever an organ of state engages with the public, public law is likely to apply.
Chapter 1 introduction to the promotion of administrative. Administrative law deals with the protocols and practices of state. In the united states, the constitution is in essence, the framework for which all laws are established and to specify the separation of powers between the three branches judicial, legislative and executive of the federal. The main purpose of this article is to promote conceptual clarity in. Explain the place of administrative law in ensuring rule of law and enforcement of human right. Administrative law, an area of law that gained early sophistication in france, was until well into this century largely unrecognized in the united kingdom as well as the united states. The study of constitutional law cannot be done without the dynamics and reality of administrative law. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Relationship between constitutional law and administrative. Professor arthur bonfield of the university of iowa college of law believes that a proper study of.
Chan, hong kong secretary of financial services and. The cambridge companion to comparative constitutional law. It is logically impossible to distinguish administrative from constitutional law. The supreme court is part of the judicial branch of government. Common law, statutory law, and administrative law 3 chapter common law, statutory law, and administrative law j ason observes a toddler wander onto the railroad tracks and hears a train approaching. Likewise, the first is more specific while the latter is the general law. What are the major differences between administrative law. Apr 04, 2020 administrative law is an area of the law that governs the creation of agencies that aid in administering governmental powers and functions. Whatever be the correct position, there always exists an area of overlap between constitutional law and administrative law. Islamic law system, civil law, and common law article pdf available october 2018 with 10,356 reads how we measure reads. The law functions in relation to politics in three basic aspects, namely as a goal, a means, or an obstacle. This article examines some basic characteristics of the relationship between national and international law and politics.
More specifically, it involves the study of the different legal systems or families in existence in the world, including the common law, the civil law, socialist law, canon law, jewish law, islamic law, hindu law, and chinese law. These categories serve as a framework for exploring the similarities and differences that shape contemporary administrative law systems. Constitutional law and administrative law both are concerned with functions of government, both are a part of public law in the modern state and the sources of the both are the same. Aministrative law is concerned with the intricacies of running a government while constitutional law is all about the issues of the legality of the provisions of the constitution. Sources of constitutional law download ebook pdf, epub. It is, however, very different from many of the other core legal subjects because it concentrates. The confusion between administrative law and constitutional law in england is meagre due to an unwritten constitution. Domestic lawdecisions of domestic courts as facts int. Administrative law is categorized as public law since it governs the relationship between the government and the individual.
An analysis on administrative law and constitutional law. It provides the rules with which issues in society can be solved by government authorities. For example during the passage of a new legislation piece or when an individuals civil rights are abused, the public law gives the legal structure within which the administration functions and the government operates. The main difference between constitutional and ordinary law, be it statute law, case law or convention, is that constitutional law is considered fundamental and above ordinary law in all cases. Administrative laws, often called regulations, are the body of law which regulates the operation and procedures of government agencies. Diceys denial of the existence of administrative law in the uk in his exposition on the rule of law worsened the nonrecognition of administrative law as an autonomous course of study. The perceived differences between international and constitutional law have taken on a normative cast as well. Comparative administrative law scholarly commons george. What are the major differences between administrative law and. Often, questions will ask you to compare and contrast our unwritten constitution with the more common written constitution as found in countries such as the. The us constitution is the basis of all federal law and rights. This cambridge companion to comparative constitutional law stands out for its indepth pursuit of wellselected themes.
Doc constitutional and administrative law hamzaa awan. Administrative law is an area of the law that governs the creation of agencies that aid in administering governmental powers and functions. Hence, it is undeniable that these two areas of law, subject to their differences, also share some common features. What is the difference between constitutional law and. Identify the similarities and dissimilarities between constitutional law and administrative law identify the relevance of having administrative law as a course of study. Most significantly, the british have a democratic parliamentary government, headed by a monarch and prime minister. Comparison between malaysia and united kingdom law teacher. Moreover, this blurred relationship between administrative law and constitutional law was not helped by the fact that the uk operates an unwritten constitution. Constitutional and administrative law is one of the core subjects required for a qualifying law degree and so is a compulsory part of undergraduate law programmes and graduate diploma in law programmes. Jan 31, 2012 constitutional law and administrative law. The substantive law will make more sense when you have a solid feel for how it was created. Constitutional law is a type of public law that revolves solely around the distribution and exercise of government power. The constitution describes the various organs of the government at rest, while administrative law describes them in motion. What are the administrative relations between the union and the states in india.
With its selection of constitutions and legislative instruments, the book is the ideal companion to intersentias textbook constitutions compared. Although constitutions can be revised and or amended the process is extremely complex 1 and time consuming and often defined in the constitution itself. Sources of constitutional law will permit students of constitutional law to understand the peculiarities and similarities of different western constitutions in direct comparison. Quick facts about constitutional law administrative. What are the differences between administrative and. Difference between administrative law and constitutional law pdf difference between administrative law and constitutional law free download as word doc. Difference between administrative and constitutional law.
Constitutional and administrative law leiden university. Constitutional law v administrative law constitutional. It offers the scholar and student an authoritative account of the theoretical foundations and historical foundations of global constitutionalism, as well as its core principles, institutions and dynamics. In india, this corresponds to the whole constitutional mechanism for the control of administrative authorities articles 32, 6, 226, 227, 300 and 311. Dec 21, 2012 constitutional law and administrative law both are concerned with functions of government, both are a part of public law in the modern state and the sources of the both are the same. What is the difference between a constitutional law and a law. The relationship between constitutional law and administrative. Public law governs the relationship between individuals private companies and citizens and the state government. Most importantly, constutional law is within the province of the judicial branch of government. Constitutional law is genus where administrative law is a species of constitutional law. Describe the similarity, difference and interdependence between administrative law and constitutional law. Difference between administrative law and constitutional. Constitutional and administrative law covers a broad area of law. Constitutional law addresses questions of state and federal law that implicate rights afforded to an actor by the constitution.
Type here 1 separation of powers key fundamental to the organization of state which that the doctrine of the separation of powers requires that the principal institutions with the three essential bodies that is. Francis bignami, comparative administrative law, in the cambridge. Relationship between administrative law and constitutional. Start studying common law, statutory law and administrative law and constitutional law.
What is the difference between administrative law and. Constitutional law v administrative law lecture kingsley udeh, esq expected outcome of this lecture at the end of this lecture you should be able to. Constitutional and administrative laws are collectively termed as public law. Constitutional law and administrative law are both important legislations that govern the various affairs of the state. Relationship between constitutional law and administrative law.
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