Enter your keyword

Course

Constitutional Law & Administrative Law

About University

Constitutional and administrative law both govern the affairs of the state. 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. To the early English writers on administrative law, there was virtually no difference between administrative law and constitutional law. This is evident from the words of Keith: “It is logically impossible to distinguish administrative from constitutional law and all attempts to do so are artificial.” [1] Some jurists like Felix Frankfurter even went as far as to call it “illegitimate and exotic”. [2]

The root of all confusion in the United Kingdom is its lack of a written constitution. In a state with a written constitution, the source of constitutional law is the Constitution while the sources of administrative law include statutes, statutory instruments, precedents and customs [3] whereas in the United Kingdom, this distinction is not very clear cut – it is in fact, quite blurred.

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. According to Holland, constitutional law describes the various organs of the government at rest, while administrative law describes them in motion. [4] Holland contends that the structure of the executive and the legislature comes within the purview of constitutional law whereas their functioning is governed by administrative law.

Jennings puts forward another view, which says that administrative law deals with the organization, functions, powers and duties of administrative authorities while constitutional law deals with the general principles relating to the organization and powers of the various organs of the State and their mutual relationships and relationship of these organs with the individual. [5] Simply put, constitutional law lays down the fundamentals of the workings of government organs while administrative law deals with the details.

The fundamental constitutional principle, inspired by John Locke, holds that “the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law”. [6] Administrative law is the chief method for people to hold state bodies to account. People can apply for judicial review of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law. The first specialist administrative court was the Conseil d’État set up in 1799, as Napoleon assumed power in France.

Whatever be the correct position, there always exists an area of overlap between constitutional law and administrative law. In India, this corresponds to the whole constitutional mechanism for the control of administrative authorities – Articles 32, 136, 226, 227, 300 and 311. [7] It can also include the study of administrative agencies provided for in the Constitution itself. [8] Further, it may include the study of constitutional limitations on delegation of powers to the administrative authorities and also those provisions of the Constitution which restrict administrative action; for example, the Fundamental Rights.

The objective and scope of this project will be to draw the relationship between administrative law and constitutional law with respect to India and the Indian Constitution. The researcher will attempt to articulate the doctrinal and contextual links that exist between administrative law and constitutional law. The researcher will make use of appropriate case laws, wherever necessary

Reviews Statistic

5
5 out of 5
2 Ratings
5 Start 2
4 Start 0
3 Start 0
2 Start 0
1 Start 0

2 reviews for Constitutional Law & Administrative Law

  1. 5 out of 5

    :

    It’s a good programme I’m real interested to study

    • :

      Thank you for registering yourself to our scholarship form, now find the link below, click to open it, and understand more about the requirements and categories of our scholarships
      http://elimusolutions.co.tz/application-online/

  2. 5 out of 5

    :

    nice better

    • :

      Thank you for registering yourself to our scholarship form, now find the link below, click to open it, and understand more about the requirements and categories of our scholarships
      http://elimusolutions.co.tz/application-online

Add a review

Start On February 1, 2017
Duration 2.5 Years
Level Masters Degree
University Anhui Agricultural University (AAU)
Deadline No limit
Language Chinese
Seat avaiable 20

Share our course