Difference Between Administrative Law and Constitutional Law

By Ritika Pant|Updated : February 1st, 2023

The difference between Administrative law and Constitutional Law is that administrative law is subordinate to Constitutional law. In contrast, Constitutional law is the highest law in India and is considered supreme. Constitutional law is responsible for dealing with various state organs, and Administrative law is concerned with the organs of the state in motion.

Difference Between Administrative law and Constitutional Law PDF

The difference between constitutional law and administrative law is that both constitutional and administrative law, concerned with the functions of the government, are components of public law in the modern nation-state. More specifically, Administrative law is an addition to the supreme law of the land, the Constitutional law. Let us check the difference between administrative law and constitutional law.

Table of Content

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.

Constitutional Law and Administrative Law

In his magnum opus, The British Constitution, Ivor Jennings believes that Administrative law is concerned with Administrative authorities' organization, functions, powers, and responsibilities.

  • On the other hand, he opines that Constitutional law is concerned with the broad principles guiding the structure and powers of the various state organs and their relationship with the citizens.
  • The difference between administrative law and constitutional law is that in countries with a written constitution, Constitutional law is derived from the constitution.
  • However, Administrative law is derived from legislation, Administrative regulations, executive decrees, circulars, letters of instruction, conventions, etc.

What is Constitutional law?

The liberties, rights, and powers established by a charter or a legally passed constitution are dealt by Constitutional law. It comprises the rights of the people and powers of the several.

  • Constitutional law is the highest law in India and is considered supreme.
  • Prof. S P Sathe stated that Administrative law is a subset of Constitutional law, and all the concerns related to Administrative law are considered to be Constitutional law issues.
  • This points out that Constitutional law has a broad scope, with many Administrative laws accounting for a sizable component of the Constitutional law.
  • This is the difference between Administrative law and Constitutional law.

What is Administrative law?

Administrative law governs the establishment of government entities, and the administration of these entities is also concerned with this law. It defines the authorities concerning the Administrative agencies, their created substantive regulations, and the legal relationships binding them to the general public and other government organizations.

  • Administrative law has become essential in a developed society because the connection between the public and administrative authorities has grown increasingly complicated.
  • A law that could bring about regularity and clarity and could also control the abuse of administrative authority was required to manage these intricate relationships; this legislation is known as administrative law.

Relationship Between Constitutional Law and Administrative Law

Constitutional law is the most essential origin of Administrative law in the country. The relationship between Constitutional law and Administrative law is that Constitutional law is the source and soul of Administrative law. In short, Constitutional law is the parent of Administrative law.

  • It is evident that Administrative law cannot perform its roles and responsibilities without the presence of a constitution.
  • Administrative law is completely dependent on the Constitutional law of India.

Conclusion:

Key Difference Between Administrative Law and Constitutional Law

The key difference between administrative law and constitutional law is that Administrative law deals with moving organizational structures, whereas constitutional law deals with permanent ones. Constitutional law deals with creating the administrative body. Administrative law deals with limiting administrative bodies to their lawful functions and authority.

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FAQs on Difference Between Administrative Law and Constitutional Law

  • The difference between Administrative law and Constitutional law is that Administrative law is an addition to the supreme law of the land, Constitutional law. However, constitutional law is considered supreme in the country.

  • Constitutional law deals with the independence, rights, and powers set by an alliance or a legally enacted constitution. Administrative law controls the establishment of government commodities, and the management of these entities is also involved with this law.

  • The Difference Between Administrative Law and Constitutional Law is that some scholars have pointed out a zone of overlapping between Constitutional and Administrative law. Constitutional law deals with the operation part- organization, functions, powers, and responsibilities of Administrative authorities.

  • Administrative law is derived from different sources in different countries. The sources of Administrative law in the United States are statutes, common law, executive orders, etc.

    • In England, the sources of Administrative law are statutes, precedents, subordinate legislation, etc.
    • However, in India, Constitutional law is the most important source of Administrative law.
  • The difference between Administrative law and Constitutional law is that constitutional law is the highest law in India.

    • It is considered supreme, and Administrative law is merely subordinate to Constitutional law.
    • In India, Constitutional law is the most important source of Administrative law, among others as executive orders, delegated legislation, ordinances, judicial pronouncements, etc.
  • Both constitutional and administrative law are components of public law in the modern State. Constitutional law deals with fundamentals, while administrative law deals with details. Constitutional law is the source and soul of administrative law. Hence, administrative law can only execute its operations properly with a constitution.

  • In India, Constitutional laws, directly or indirectly, limit the powers of Administrative entities. It scrutinizes Administrative acts. Therefore, it becomes difficult to completely separate Administrative law from Constitutional law in a society with a codified constitution and judicial review.

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