Constitutional Law Vs. Administrative Law

Many people believe that constitutional law and administrative law are the same. Both are areas of public law that deal with how the government operates. Although they overlap in certain places, it can be challenging to identify the boundary between them, but they can still be distinguished.

Constitutional and administrative law govern the state’s distribution and exercise of authority. This encompasses both the power to make regulations and the responsibility of those in charge of supporting, implementing, and enforcing the law. Ivor Jennings asserts that “constitutional law deals with general principles dealing with organization, powers of various organs and their mutual relationship while administrative law deals with the organization, functions, powers, and duties of administrative authorities” (Strictly Legal, 2021).

Constitutional law regulates the nation and the rights of those who live there or are citizens of the nation. The U.S. Constitution was set in place to create clear guidelines for what the government can and cannot do with respect to citizens’ fundamental rights. 2021) (LegalMatch). The relationship and distribution of authority among the three branches—legislative, executive, and judicial—are governed by constitutional law. 2018 (Daniel).

On the other hand, administrative law regulates the goals and deeds of administrative organizations, especially federal ones like the Social Security Administration and the US Citizenship and Immigration Service (LegalMatch, 2021). Administrative law deals with these agencies’ ability to carry out legislative, executive, judicial, and quasi-judicial responsibilities and the processes involved. This kind of law is essential in providing remedies for people or groups injured by the abuse and misuse of administrative power.

An explanation of the areas where administrative law and the Constitution interact.

Constitutional law and administrative law have their roots in communal public law. Both of them are worried about power and responsibility. Responsibility of those who have the power to use and enforce the law as well as the authority of those who make the laws (Bscholarly LLC, 2021). The distribution and exercise of authority within the state, as well as the connection between the state and the people, are where administrative law and constitutional law intersect.

Both also work with laws, precedents, guiding principles, guidelines, and maxims. Comparatively, the same governmental and administrative organizations apply this dual legislation.

An explanation of the differences between constitutional law and administrative law.

Despite the similarities between administrative and constitutional law, there are some observable differences or places where they divide. Due to the similarities between administrative and constitutional law, understanding the differences can take time and effort. The differences between the two are extremely subtle. Furthermore, there is a lot of overlap because administrative law concepts are frequently involved in constitutional law matters. Because administrative law is already covered by constitutional law, it has yet to be recognized worldwide as a standalone or independent body of law in many cases.

The two differ in that constitutional law has a far broader reach than administrative law, which is significantly smaller. Constitutional law, for instance, involves people, governments, and human rights. Administrative law involves governmental organizations in motion, whereas constitutional law relates to governmental structures at rest. Administrative law requirements need to be more transparent because they must be outlined and combined in a single document like the Constitution. In contrast, constitutional law requirements are clear and visibly identified in the Constitution. Administrative law is associated with establishing administrative bodies, whereas constitutional law limits them to their legal functions. 2018 (Daniel).

A review of the effects of the differences between this legislation. What effects might this have on a public administration professional?

Both sorts of rules impact those who work in the public administration sector but in different ways. The protection of individual rights and the validation of the exercise of authority are essential functions of constitutional law. 2018 (Daniel). Additionally, they ensure that the law is upheld in the nation, fostering citizen faith in the government’s authority. As the people’s trust serves as a check on rules elected officials can implement, it may also be constitutional law’s most important role in public administration.

Contrarily, the technique of administrative law differs from that of constitutional law. The main goal of administrative law is to ensure that everyone has a voice in public decision-making Because administrative discretion directs these judgments. The government and citizens stand to gain from this. Governmentally speaking, its status quo will be improved, enabling it to survive. Administrative law not only regulates the relationship between the state and the citizen but also gives one arm of government the ability to challenge another on the legitimacy of its acts. The law is a tool used by individuals in positions of power to ensure that no center of power goes beyond the permissible bounds of the authorized authority.

These two laws constitute the framework within which public administration functions since they specify tasks, create important structures, give funds, and establish processes, procedures, regulations, and recommendations.

References

 Bscholarly LLC (2021). Differences between administrative law and constitutional law. Retrieved from https://bscholarly.com/differences-between-administrative-law-and-constitutional-law/

Daniel, M. P. (2018). Analysis of law. Retrieved from https://www.nigerianlawclaz.com/2018/01/an-analysis-on-administrative-law-and.htmlLegalMatch (2021). Administrative law. Retrieved from https://www.legalmatch.com/law-library/article/administrative-law.html

LegalMatch (2021). Constitutional law. Retrieved from https://www.legalmatch.com/law- library/article/constitutional-law.html

Strictly Legal (2021). Constitutional vs. Administrative. Retrieved from https://strictlylegal.in/all-about-constitutional-law-and-administrative-law/

ORDER A PLAGIARISM-FREE PAPER HERE

We’ll write everything from scratch

---

Constitutional law is something you are likely familiar with to some extent, but the laws around administrative law may be less familiar. While the Constitution outlines many specific laws, it does not necessarily speak much about what happens in the administration of our government. For this assignment, you are asked to look at where constitutional and administrative law intersects and where they diverge.

Write a 3–4 page paper that includes the following three parts:

• An explanation of the areas in which constitutional and administrative law intersect.
• An explanation of where constitutional and administrative laws diverge.
• An evaluation of the impact of the divergence in these laws. What impact does this have on someone working in the field of public administration?

Use at least three sources to support your writing. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your sources page at least one time within your assignment. For help with research, writing, and citing sources, access the library or review library guides.

This course requires the use of Strayer Writing Standards (SWS). The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all support. Check with your professor for any additional instructions.

The specific course learning outcome associated with this assignment is:

• Evaluate the concepts of and interactions between constitutional and administrative law in the realm of public administration.

^{"Place your order now for a similar assignment and have exceptional work written by our team of experts, guaranteeing you A results."}