ADMINISTRATIVE LAW AND CONSTITUTIONAL LAW According to A. V. Dicey, constitutional law means all rules, which directly or indirectly affect the distribution or exercise of sovereign power. administrative law is a subordinate branch of
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Presentation Transcript
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ADMINISTRATIVE LAW AND CONSTITUTIONAL LAW<br>
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According to A. V. Dicey, constitutional law means all rules, which directly or indirectly affect the distribution or exercise of sovereign power. administrative law is a subordinate branch of constitutional law consisting of the body of rules, which govern the detailed exercise of executive functions by the officers or public authorities to whom they are entrusted by the constitution.<br>
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Administrative law determines the modes in which sovereign power is exercised, while constitutional law merely determines what persons or class of persons bore such as sovereign powers.<br>
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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.<br>
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Features of Administrative Law The following are some of the features of administrative law. i) Administrative law regulates administration. It is concerned with the organization, power and conduct of government and administrative authorities. ii) It regulates the procedure of administrative authorities, bodies and agencies.<br>
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Features of Administrative Law iii) It provides remedies for grieved persons against any administrative acts exercised contrary to the enabling laws.<br>
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Features of Constitutional Law The following are the characteristics of a constitution of a country It is the supreme law of the land, nation, country or state; Any law that is inconsistent with the provision of a nation’s constitution shall be declared null and void and of no effect to the extent of its inconsistency .<br>
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It may be flexible or rigid . It is a code of government deriving its authority from the people. it shows the structure of the government of a country. It assigns and limits the functions of the different authorities and departments of government; It assigns and regulates the exercise of constitutional powers by government and administrative authorities.<br>
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Similarities between Constitutional and Administrative Laws There are similarities between both subjects some of which are:• They both deal with the application of constitutional law and powers and their administration The same set of principles, rules and maxims apply to both of them. They both provide remedies for breach of rights of an aggrieved person. They both make use of judicial precedents or case law.<br>
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Dissimilarities between Constitutional Law and Administrative Law The following are the fundamental distinctions between constitutional and administrative laws. i. Constitutional law is wider in scope than administrative law. The former covers such matters as citizenship, distribution of powers among the organs of government that is, the executive, the judiciary and the legislature, which administrative law is not so much concerned with.<br>
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Dissimilarities between Constitutional Law and Administrative Law . ii. The sources of constitutional law are to be found in the constitution and conventions while the sources of administrative laws include delegated legislation, letters of instructions, decisions of administrative bodies, and so on.<br>
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Dissimilarities between Constitutional Law and Administrative Law iii. Constitutional law deals with the structure of the government while administrative law is concerned with the functions and exercise of powers by administrative authorities.<br>
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Dissimilarities between Constitutional Law and Administrative Law iv. Administrative law is concerned with how to confine administrative bodies to their legal role and limit.<br>
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CONCLUSION Administrative law and constitutional law are interwoven in relation to the principles governing both rules and remedies however; each is a separate body of law on its own. While constitutional law establishes the organs of government and confers powers on them, administrative law regulates how the functions and powers on them and administrative authorities are to be exercised as assigned by the constitution.<br>
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SUMMARY Constitutional law is the law, which regulates the application, enforcements and interpretation of the constitution, which is the supreme law of the land. On the other hand, administrative law is law for administration, guiding the conduct of the administrative authorities to avoid arbitrary use of power. Although, both subjects are interrelated, they are however different, each of them having peculiar nature, similarities and dissimilarities.<br>
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To put it in simple terms, administrative law is a tool for implementing the constitution. Constitutional law lays down principles like separation of power and the rule of law. An effective system of administrative law actually implements and gives life to these principles.<br>
