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Administrative law and Constitutional Law


Date : 04/03/2022

Difference Between Administrative law and Constitutional Law

In his seminal work, Ill-Assorted Musings about Regulatory Takings and Constitutional Law, Maurice J Holland emphasizes that the main difference between administrative law and constitutional law is that Constitutional law governs the legislative and executive branches, but Administrative law governs their operations.

  • The reach of constitutional law is greater. For instance, it concerns people, governments, and human rights.
  • However, administrative law is more specialized.
  • While administrative law provisions are not as well recognized as constitutional law since they are not incorporated in a single text like the constitution, they are generally understood and explicitly stated in the constitution.

Administrative Law vs Constitutional Law

Difference Between Administrative Law and Constitutional Law

Constitutional Law

Administrative law

The ultimate law of any nation-state is Constitutional law.

Administrative law is ancillary to the ultimate law.

Deals with the organs of the State and its structure

Deals with the actual functioning of the organs of the State.

It has a wide scope and deals with the powers of the State, general principles of governance, and the relationship between the citizens and the State.

It has a narrow scope and only deals with the powers and functioning of the Administrative bodies.

It is codified into a single text in countries with a written constitution.

It is not codified. There might be hundreds of thousands of Administrative laws.

Constitutional law establishes an Administrative body

Administrative law defines its legal roles and limitations. Therefore, it can be seen as the action arm of Constitutional law.



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