Subject Title: Administrative Law

Subject Code: UAL 2612

Tutorial Questions

Week One

1. Critically discuss the similarities and differences between Constitutional Law and
Administrative Law.

Provide introduction (definition) and conclusion (1-2 sentences) for essay

questions.
Similarities:

Both are branches of public law which means that their function is to regulate the
relationship between the state and its people, both are concerned with functions of
government and the sources of the both are the same. They are both about power
and accountability – power of legislation and the accountability of those vested
with the authority of enactment and enforcement.

1) what is it all about

2) further elaboration (the relationship between consti and admin)
3) evidence (examples)

Differences:

Constitutional Law is concerned with the role and powers of the institutions
within the state and with the relationship between the citizen and the state. It
basically discusses the position and the functions of government, the composition
and the procedures of the Parliament, the civil liberties (Article 5-13 of FC) of the
individuals. The administrative law is an addition of the constitutional law.

Administrative Law is concerned with the administrative process where it

primarily deals with the complaints the individuals have brought against the
government or against the administrative agencies. Administrative law deals with
the organisation, functions, powers and duties of administrative authorities while
constitutional law deals with the general principles relating to the organisation
and powers of the various organs of the state and their mutual relationship of
these organs with the individuals. In other words, constitutional law deals with
fundamentals while administrative law deals with details.

Prepared by:
Dr Martin Flora and Nadia Abu Hasan
2. Explain by giving the relationship between the concept known as the ‘rule of law’
and administrative law.

The rule of law is a durable system of laws, institutions, norms, and community
commitment that delivers accountability, just law, open government and
accessible and impartial justice. It is the foundation for communities of justice,
opportunity, and peace—underpinning development, accountable government,
and respect for fundamental rights. One of the principles of the rule of law in the
view of a British jurist known as AV Dicey is that ‘no man is above the law’. This
correlates with administrative law to hold individuals with power and position
accountable for their actions just as an ordinary person would be. Each person is
treated equally before the eyes of the law. According to the rule of law, all the
things that are done should be done according to the law to ensure that the acts are
lawful. Administrative law allows the people to test the lawfulness of decisions
made by authorities which directly impact them. The rule of law plays an
effective role by emphasizing upon fair play and greater accountability of the
administration. It lays greater emphasis on the principles of natural justice and the
rule of speaking order in an administrative process in order to eliminate
administrative arbitrariness.

Prepared by:
Dr Martin Flora and Nadia Abu Hasan