Relationship between administrative law and constitutional law pdf
Constitutional & administrative law | University of StrathclydeAdministrative law , the legal framework within which public administration is carried out. It 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. Since administration involves the exercise of power by the executive arm of government , administrative law is of constitutional and political, as well as juridical, importance. There is no universally accepted definition of administrative law, but rationally it may be held to cover the organization, powers, duties, and functions of public authorities of all kinds engaged in administration; their relations with one another and with citizens and nongovernmental bodies; legal methods of controlling public administration; and the rights and liabilities of officials. Administrative law is to a large extent complemented by constitutional law , and the line between them is hard to draw. The organization of a national legislature , the structure of the courts, the characteristics of a cabinet, and the role of the head of state are generally regarded as matters of constitutional law, whereas the substantive and procedural provisions relating to central and local governments and judicial review of administration are reckoned matters of administrative law.
Ordinances can be issued by the Governor on the advice of Council of Ministers. Carousel Previous Carousel Next. Statutes are also a great source of this law? Divya Jain.
But Maitland does not agree with this classification because in that case powers and prerogatives of the crown would be relegated to the arena of administrative law. The traditional legislative organs cannot pass the quality and quantity of laws which are required for modern times. Constitutional law is core law which gives very life and blood to the administrative law. As we have already noted, the scope of activities of the government have expanded.
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. Administrative law deals with the decision-making of such administrative units of government as tribunals , boards or commissions that are part of a national regulatory scheme in such areas as police law , international trade , manufacturing , the environment , taxation , broadcasting , immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.
Contract theory Critical legal studies Comparative law Feminist Fundamental theory of canon law Law and economics Legal formalism History International legal theory Principle of legality Rule of law Sociology. It does not, mean that there was no administrative law before this century. Carousel Previous Carousel Next. Doe v.
Main article: Canadian administrative law. The British constitution has a variety of written and laaw sources: legislation, case law, the fact today that administrative law is recognized as a separate independent branch of legal discipline though at times the discipline of constitutional law and administrative law may overlap. Whatever may be the argument and counter argument. Post Views: .