The Relationship Between Constitutional Law and Administrative Law

Background • The relationship between constitutional law and administrative law is very complicated. • The origin of administrative law depends upon constitutional law. • When we got independence in 1960 then at that time the aspirants of the people were enshrined from various Articles from our supreme constitution which is a legal document and which is a platform for the proper functioning of the administrative settlement of administrative authorities. • In countries like Somalia, which has its own written constitution, there is an additional control over administrative actions by the constitutional law which imposes limitations upon the organs of the administrative body. • So in a country having a written constitution with judicial review, it is impossible to separate administrative law from the constitutional law completely.

Relationship between Admin. Law & Constitutional Law • The relationship between the administrative law and constitutional law is not very watertight, sometimes administrative law invades into the territory of constitutional law, so it is very important for jurists, scholars and law students to develop a proper understanding between the relationships between these two. • Both constitutional law and administrative law are parts of the public law which shows that constitutional law is the mother of administrative law and it cannot be totally separated from each other.

Relationship between Admin. Law & Constitutional Law (Cont. ) • One typical difference is related to their scope. • While constitutional law deals, in general, with the power and structures of government, i. e. the legislative, the executive and the judiciary, administrative law in its scope of study is limited to the exercise of power by the executive branch of government. • The legislative and the judicial branches are relevant for the study of administrative law only when they exercise their controlling function on administrative power.

Relationship between Admin. Law & Constitutional Law (Cont. ) • Constitutional law, being the supreme law of the land, formulates fundamental rights which are inviolable and inalienable. • Hence, it supersedes all other laws including administrative law. • Administrative law does not provide rights. • Its purpose is providing principles, rules and procedures and remedies to protect and safeguard fundamental rights. • This point, although relevant to their differences, can also be taken as a common ground shared by constitutional and administrative law.

Relationship between Admin. Law & Constitutional Law (Cont. ) • 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. • By providing rules as to the manner of exercising power by the executive, and simultaneously effective controlling mechanisms and remedies, administrative law becomes a pragmatic tool in ensuring the protection of fundamental rights. • In the absence of an effective system of administrative law, it is inconceivable to have a constitution which actually exists in practical terms.

Relationship between Admin. Law & Constitutional Law (Cont. ) • Similarly, the interdependence between these two subjects can be analyzed in light of the role of administrative law to implement basic principles of good administration enshrined in the SOMALI constitution. • The constitution envisages in Articles 1(1 & 2), 3 (4), 42(2)(2) and 69(2)(b), 111 C (3)(c ), 127 (c) respectively provides the principles of public participation, transparency and accountability in government administration. • As explained above, the presence of a developed system of administrative law is sine qua non for the practical realization of these principles.

Relationship between Admin. Law & Constitutional Law (Cont. ) • Administrative law is also instrumental in enhancing the development of constitutional values such as rule of law and democracy. • The rules, procedures and principles of administrative law, by making public officials, comply with the limit of the power as provided in law, and checking the validity and legality of their actions, subjects the administration to the rule of law. • This in turn sustains democracy. • Only, in a government firmly rooted in the principle of rule of law, can true democracy be planted and flourished.

The Relationship Between Constitutional Law and Administrative Law • However, in countries that have a written constitution, their difference is not so blurred as it is in England. • One typical difference is related to their scope. • While constitutional law deals, in general, with the power and structures of government, i. e. the legislative, the executive and the judiciary, administrative law in its scope of study is limited to the exercise of power by the executive branch of government. • The legislative and the judicial branches are relevant for the study of administrative law only when they exercise their controlling function on administrative power.

The Relationship Between Constitutional Law and Administrative Law (cont ) • Lastly, administrative and constitutional law, share a common ground, and supplement each other in their mission to bring about administrative justice. • Concern for the rights of the individual has been identified as a fundamental concern of administrative law. • It ultimately tries to attain administrative justice. • Sometimes, the constitution may clearly provide right to administrative justice. • Recognition of the principles of administrative justice is given in few bills of rights or constitutional documents. Australia and South Africa may be mentioned in this respect.

The Relationship Between Constitutional Law and Administrative Law (cont ) • Constitutional law needs to be understood to include more than the jurisprudence surrounding the express, and implied provisions of any constitution. • In its broader sense, constitutional law connotes “the laws and legal principles that determine the allocation of decision-making functions amongst the legislative, executive and judicial branches of government, and that define the essential elements of the relationship between the individual and agencies of the state”. • Wade has observed that administrative law is a branch of constitutional law and that the ”connecting thread” is “the quest for administrative justice”.

Difference between Administrative Law & Constitutional Law Administrative Law is the law that regulates the activities of administrative agencies The Constitutional Law regulates the relationship among the three branches of government -legislative, executive and judiciary. 2 It deals with the power of agencies to exercise legislative, executive and judicial and quasi-judicial functions and procedures of doing so. It distributes governmental powers amongst the three branches. 3 It is flexible in nature. It is rigid in nature 4 Procedure for the amendment in Administrative Law is flexible Procedure for the amendment in Constitution law is rigid. 5 It deals with special rights It deals with substitute rights and remedies 6 The function of the legislature all the informant provided by the Administrative Law. It deals with the structure of legislation

Difference between Administrative Law & International Law (cont) In it executive may have executive, In it executive function is to enforce or to legislative and judicial powers but it administer the law. is conditional that whether are delegated by legislature or not. 9. in it executive may also perform judicial functions in it judiciary only perform judicial functions 10. Administrative law describes them in motion” Constitutional law describes the various organs of the government at rest. 11. Administrative Law deals with the Constitutional Law deals with the general principles organization, functions, powers and relating to the organization and powers of the various duties of administrative authorities organs of the state and their mutual relationship of these organs with the individuals. 12. Administrative law deals with details. While Constitutional law deals with fundamentals 13. It does not deal with international law. It deals exclusively�the powers and functions of It also gives the guidelines about the international relations

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. • Constitutional law is the law, which regulates the application, enforcements and interpretation of the constitution, which is the supreme law of the land.

Conclusion • 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. • 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.