Administrative law & Constitution law

Introduction : Constitutional deal rule and structure an administrative law provides detail study of such function.

Constitutional law deals with organisation and function of government an adminstrative law under various processes put them in operation.

The Constitutional law deals with constitutional status of minister and civil servants while administrative law deal with organisation and warking of various department of the Government.

Constitutional law describes the various organ of government at rest while admin law describes them in procedural operational.

The Constitutional law can be considered as a substantial law to which administrativ law is a procedure.

Constitutional emphasis on all the three principle organ of government while admin law mainly with the second principle the executives.

Constitutional is the supreme and highest law administrative law is subordinate to the constitution. They are also known as delegated legislation also.

Difference between Administrative law and Constitution law

1) Constitution law prepares guidelines, Administrative law put it in motion.

2) Constitution Law deals with rules and structure that regulate government, Administrative law provides the detail study of function.

3) Constitution law is a genus to which administrative law to be called as a species.

4 Constitution law deals with organisation and function of the government, administrative law deals with organisation and working of various departments of the Government.

5) Constitution law deals with constitution statute of ministers and civil servants, Administrative law under various processes put in oppressions.

6) Constitution law describes the various organs of the government at rest, Administrative law describes them in procedural oppressions.

7) Constitutional law can be considered as a substantial law to which considered as a administrative law is a procedure.

8) Constitutional law lay emphasis on all the 3 principal organ government, Administrative Law mainly concerns with the second argan i.e. executive.

9) Constitutional law is the supreme of highest law in the country, administrative law is Subordinates to the constitution therefore, known as Delegated legislation also.

Doctrine of Separation of powers is given in our constitution Article 50.

Legislative function

• monitor and supervise.
• Passing & budget.
• Legislature is also passing an international law and making treaty,
• Passing of general laws.

Executive Function

• maintaining Law & order.
• State administration.
• Executory dealing with Foreign executive
• Implimentation law, Foreign Law.

Judiciary:

• Interpretation of laws.
• Deciding various kinds of disputes.

Why we needed Administrative Law :-

• For the changing needs required by society and ineducaty make by legislature.
• welfare state.
• Somewhere, inefficiency of Judiciary, because Judicial process is very slow earlier.
• Scope of experiments (because it is uncodified law).

Definitions of Administrative Law & Uncodified & unwritten law

1. Ivon Jennings Definition – Administrative law is the law relating to the administration. It determines the organisation, tive authorities. Orders & duties the administrative f Organisation + Power + Duties =Administrative Authorities.
2. K.C Devis Definition – Administrative Law is a law concerning powers and procedures of administrative agencies, including especially “the law governing judicial in the view of administrations.
3. Prof. H.W.R. wade – Administrative law is the law relating to control of Governmental powers.
4. A.V. Dicey Definition: He defined Administrative law as the portion of legal nations system which determines the legal states & liabilities of state officials.