constitutional law and administrative law

similarities

• both are concerned with functions of

government
• both are a part of public law in the modern
state
• the sources of the both are the same – mainly,
the constitution
 constitutional law vs. administrative law
differences (I)
Constitutional Law Administrative Law

• the body of rules, doctrines, • the legal framework within

and practices that govern the which public administration is
operation of political carried out
communities • an adjunct of the
• in the broadest sense → a body constitutional law
of rules governing the affairs of
an organized group
• modern constitutional law →
the offspring of nationalism as
well as of the idea that the state
must protect certain
fundamental rights of the
individual
 Administrative Law

• derives from the need to create and develop a

system of public administration under law, a
concept that may be compared with the much
older notion of justice under law (→ Equal
Justice Under Law - supposed to be the basic
promise of the American legal system: that
laws are just, and that everyone — everyone
— will be held equally accountable if they
break those laws
 constitutional law vs. administrative law
differences (II)

Constitutional Law Administrative Law

describes the various organs of describes the various organs of

the government at rest the government in motion

source: the constitution sources: the constitution,

statutes, statutory instruments,
precedents and custom
 constitutional law vs. administrative law
differences (III)
Constitutional Law Administrative Law

concerns the structure of the concerns the functioning of the

legislature and executive legislature and executive

deals with the general principles deals with the organization,

relating to the organization and functions, powers and duties of
powers of the various organs of administrative authorities
the state and their mutual
relationship of these organs with
the individuals
deals with fundamentals deals with details

deals with the rights lays emphasis on public need