File Name: relationship between administrative law and constitutional law .zip
The introductory post is available here. Are constitutional and administrative law distinguishable? If so, how? These questions are often met with indifference or scepticism. In South Africa, complex connections between administrative law and constitutional text and principle make untangling the two challenging. This is a neat distinction, but it is unsatisfying because it does not tell us why some public law rules are generally found in texts of Constitutions and others are not. In this post, I would like to explore and fine-tune the best available account of the distinction: namely, that offered by John Gardner.
This article is written by Richa Goel of Banasthali Vidyapith in which she has discussed the relationship between constitutional law and the administrative law, and their sources, background, etc. In the present era, administrative law is recognized as a separate branch of legal studies but at the same time, the disciplines of the constitutional administrative law may overlap with each other at a certain place which is known as water shades in administrative law. It can include the whole control mechanism provided in the constitution for the control of administrative authorities which is Article 32, , , and It may also include inter-state council; Article , finance commission; Article ; interstate water dispute authorities; Article , public service commission. It may also include the limitation imposed by constitutional laws on delegations of powers to the administrative authorities. So the watersheds under administrative law show that administrative law is not totally independent from constitutional laws.
All states have a constitution of some form which will incorporate the body of rules by which the state is governed. Administrative law, on the other hand, is concerned with rules which control the exercise of governmental power, particularly controls exercised by the courts.
Branch of law governing the creation and operation of administrative agencies. Of special importance are the powers granted to administrative agencies, the substantive rules that such agencies make, and the legal relationships between such agencies, other government bodies, and the public at large. Administrative law encompasses laws and legal principles governing the administration and regulation of government agencies both Federal and state. Agencies are delegated power by Congress or in the case of a state agency, the state legislature , to act as agencies responsible for carrying out certain prerogative of the Congress.
Constitutional and administrative laws are the areas of law which establish and regulate the institutions of government within states. They also encompass the internal governance of supranational legal orders. They are increasingly concerned with the relationship between internal and external legal norms and the interaction between multiple layers of government within and beyond states.
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