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What are the similarities between constitutional law and administrative law?

By: Erick Eduardo GarciaUpdated: March 07, 2021

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Similarities ? Both Constitutional Law and Administrative Law are Public Law. ? Both have the same source of law. Differences ? Constitutional Law deals with the organization and functions of Government at rest while Administrative Law deals with the organization and functions of Government in motion.

Also, what is the relationship between law and administration?

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

Also to know, what is the difference between constitutional law and ordinary law?

Constitutional Law is fundamentally distinct from Ordinary Law. Constitutional Law defines the organisation of the State, determines the functions exercised by different departments of government, and establishes the relationship between the rulers and the ruled.

Is it logically impossible to distinguish administrative from constitutional law?

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. “It is logically impossible to distinguish administrative from constitutional law and all attempts to do so are artificial”.

What is the difference between constitutional law and administrative?

One typical difference is related to their scope. While constitutional law deals, in general, with the power and structures of government, i.e. the legislative, the executive and the judiciary, administrative law in its scope of study is limited to the exercise of power by the executive branch of government.

Related

What are the roles of administrative law?

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law.

What is the nature and scope of administrative law?

Administrative law determines the organization, powers and duties of administrative authorities. Administrative law also determines the nature and scope of the powers deliberated to the government official by the specific legislation.

Why is administrative law important?

Administrative law governs the internal operations of these agencies and ensures that they do not abuse their power. The main goal of administrative law is to protect the interests of the public as it interacts with government, such as when a person applies for Social Security or food stamps.

What is separation of power in administrative law?

Separation of Powers: A Barrier to Administrative Law
Administrative law is a branch of public law that determines the organisation, powers and duties of administrative authorities. The principle of separation of power creates a demarcation among the three organs of the government.

What rule of law means?

the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law.

What is an example of an administrative law?

Administrative law is a branch of public law that is concerned with the procedures, rules, and regulations of a number of governmental agencies. An example of administrative law is the regulation and operation of the Social Security Administration, and the administration of benefits to the people.

What is the reason for growth of administrative law?

Administrative law attempts to control the powers of the government, and its agencies. To achieve the object Administrative law provides an effective mechanism and adequate protection. It helps to bring a balance between two conflicting forces individual rights and public interest.

How is equity different from common law?

Equity is supposed to act on the conscience, whereas the common law dealt only with whether a plaintiff could bring his case within one of the forms of action recognised by the common law.

What is administrative code?

Administrative Code. the legislative act that systematically presents laws pertaining to a certain area of administrative legislation.

What do you mean by separation of power?

Separation of powers refers to the division of powers into distinct branches of government, each with their own responsibilities. In the U.S., the powers afforded to the judicial, legislative, and executive branches are defined in the Constitution.

What is Delegation legislation?

In contract law and administrative law, delegation (Latin intercessio) is the act of giving another person the responsibility of carrying out the performance agreed to in a contract.

What are the sources of administrative law in India?

Statute is the principal source of administrative power. Statute emanates from the Constitution. Under the Constitution, law-making power has been given to Parliament and State Legislatures. Administration is given powers by statutes.

What is the work of the legislature?

The legislature is that organ of the government which passes the laws of the government. It is the agency which has the responsibility to formulate the will of the state and vest it with legal authority and force. In simple words, the legislature is that organ of the government which formulates laws.

What is administrative law and its sources?

Sources of American Administrative Law are common law, statutes and implied powers of the administration. As regards India, the Administrative Law forms part of the ordinary law of the land. Therefore, in this branch of public law we are concerned with the Constitution, statutes, subordinate legislation and case law.

What is the relationship between public administration and sociology?

Public administration, on the other hand, is concerned mainly with organized political life. Sociology may be considered as a general social science, whereas Public administration is a specialized social science dealing with society's administrative aspects only.