Constitutional Law Vs Administrative Law

Constitutional Law Vs Administrative Law

Constitutional and Administrative law has been viewed by many as the same. Both are public law, and both are concerned with the functions of government. Although the dividing line between the two can be hard to locate, as they overlap in some areas, they are distinguishable.

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Constitutional and administrative law are involved with disseminating and applying authority within the state. This includes the authority to create rules and the liability of those put in place to endorse, employ and impose the law. Ivor Jennings states, “Administrative law deals with the organization, functions, powers, and duties of administrative authorities while general principles dealing with organization, powers of various organs and their mutual relationship is dealt with by constitutional law” (Strictly Legal, 2021).

Constitutional law involves the regulation of the country and the rights of those residing in or are citizens of the country. The U.S. Constitution has been put in place to establish legal boundaries for what is allowed and not allowed by the government regarding citizens’ fundamental rights. (LegalMatch, 2021). Constitutional law governs the relationship and disseminates power amongst the three branches: the legislative, executive, and judiciary branches. (Daniel, 2018).

Administrative law, on the other hand, governs the pursuits and actions of administrative agencies, including federal ones like the Social Security Administration and the US Citizenship and Immigration Service citizens (LegalMatch, 2021). Administrative law involves the authority of these agencies to implement legislative, executive, judicial, and quasi-judicial functions and the procedures for so doing. This type of law is critical in offering solutions for individuals or groups who are wronged by misuse and abuse of administrative power.

An explanation of the areas in which constitutional and administrative law intersect.

 Administrative and constitutional law is from the heritage of ancestry of communal public law. They are both concerned with authority and responsibility. Authority of those that create the law and the responsibility of those with the power to employ and impose the law (Bscholarly LLC, 2021). Administrative law and constitutional law meet on the dissemination and application of authority within the State and the relationship between the State and the people.

In addition, both function with statutes, case law, principles, rules, and maxims. Comparably, the application of this twofold law is produced by the same governmental/administrative structures.

An explanation of where constitutional and administrative laws diverge.

 While Administrative and Constitutional law is very much alike, there are still some identifiable differences between the two or areas where they diverge. Comprehending the disparities between administrative and constitutional law can be challenging because these areas of law are so closely related. The distinguishing factors between the two are a fragile area. Moreover, there is much overlap as many constitutional law cases include administrative law ideologies. Consequently, in several cases reported worldwide, administrative law is not recognized as standalone or separate because it is already covered by constitutional law.

Differences between the two consist of Constitutional law being much broader than administrative law’s narrower scope. For example, constitutional law relates to citizens, legislatures, and human rights. Constitutional law relates to governmental structures at rest, versus administrative law correlates to the governmental structures in action. The requirements of constitutional law are evident and visibly identified in the Constitution, while requirements of administrative law are not transparent because they are not put together in a single document and outlined such as that of the Constitution; administrative law associates itself with limiting administrative bodies to their legal functions, while constitutional associates itself instituting the administrative body. (Daniel, 2018).

An evaluation of the impact of the divergence in these laws. What impact does this have on someone working in the field of public administration?

When it comes to someone working in the field of public administration, they are affected by both types of laws but in different ways.  Constitutional law plays a critical role in safeguarding the rights of individuals as well as certifying the use of authority. (Daniel, 2018). They also guarantee that the law stands firm in the country, instilling confidence in the citizen in that of the government. It may also be the most significant role constitutional law plays in public administration, as the public’s trust checks laws that elected executives can enforce.

Administrative law, conversely, has a different methodology in comparison to that constitutional law. Administrative law is chiefly involved in guaranteeing equality in public decision-making as these decisions are steered by administrative discretion. This surfaces as a government and citizen gain. From a governmental perspective, its status quo will be elevated, allowing it to preserve itself. Aside from controlling the relationship between the state and the citizen, administrative law also enables one of the government’s branches to challenge another on the issues of the legality of its actions. The law acts as a weapon those in authority use to guarantee that every centre of power does not exceed the legal limits of the warranted authority.

Ultimately, these two laws and public administration set the framework within which public administration operates as they define tasks, establish major structures, provide funding, and set processes, procedures, rules, and guidelines.

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References

 Bscholarly LLC (2021). Differences between administrative law and constitutional law. Retrieved from https://bscholarly.com/differences-between-administrative-law-and-constitutional-law/

Daniel, M. P. (2018). Analysis of law. Retrieved from https://www.nigerianlawclaz.com/2018/01/an-analysis-on-administrative-law-and.htmlLegalMatch (2021). Administrative law. Retrieved from https://www.legalmatch.com/law-library/article/administrative-law.html

LegalMatch (2021). Constitutional law. Retrieved from https://www.legalmatch.com/law- library/article/constitutional-law.html

Strictly Legal (2021). Constitutional vs. Administrative. Retrieved from https://strictlylegal.in/all-about-constitutional-law-and-administrative-law/

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Constitutional law is something you are likely familiar with to some extent, but the laws around administrative law may be less familiar. While the Constitution outlines many specific laws, it does not necessarily speak much about what happens in the administration of our government. For this assignment, you are asked to look at where constitutional and administrative law intersects and where they diverge.

Constitutional Law Vs Administrative Law

Write a 3–4 page paper that includes the following three parts:

• An explanation of the areas in which constitutional and administrative law intersect.
• An explanation of where constitutional and administrative laws diverge.
• An evaluation of the impact of the divergence in these laws. What impact does this have on someone working in the field of public administration?

Use at least three sources to support your writing. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your sources page once within your assignment. Access the library or review library guides for help with research, writing, and citing sources.

This course requires the use of Strayer Writing Standards (SWS). The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all support. Check with your professor for any additional instructions.

The specific course learning outcome associated with this assignment is:

• Evaluate the concepts of and interactions between constitutional and administrative law in public administration.