Constitutional and administrative laws

Classification of administrative law

This area of law makes sure that that power is not abused and that it is used in an appropriate manner. Staff and PhD students in the School of Law undertake wide-ranging research in Scottish, UK and comparative constitutional and administrative law. It deals with the general principal of state pertaining to all branches. By the laws of England, every invasion of private property, be it ever so minute, is a trespass For example, if a local councillor has ten parking permits and gives them all to their friends and family for no other reason than because they are related to them, then this is clearly unfair and administrative law can be applied to make sure they does not abuse their position. In such countries the source of constitutional law is the constitution while the source of administrative law may be statutes, statutory instruments, precedents and custom. It deals with the powers and functions of administrative authorities, including services, public departments, local authorities and other statutory bodies exercising administrative powers, quasi judicial powers, etc. It lays entire emphasis on the organization, power and duties to the exclusion of the manner of their exercise. Related Papers.

Common law nations, such as those in the Commonwealth as well as the United States, derive their legal systems from that of the United Kingdom, and as such place emphasis on judicial precedent, [6] [7] [8] [9] whereby consequential court rulings especially those by higher courts are a source of law.

It deals with the powers and functions of administrative authorities, including services, public departments, local authorities and other statutory bodies exercising administrative powers, quasi judicial powers, etc.

nature of administrative law

You may improve this articlediscuss the issue on the talk pageor create a new articleas appropriate. According to Jennings - administrative law deals with the organization, functions, powers and duties of administrative authorities while constitutional law deals with the general principles relating to the organization and powers of the various organs of the state and their mutual relationship of these organs with the individuals.

functions of administrative law

It does not deal with the international law. If you would like to work in the public interest, either for the state or in a private practice against the state, constitutional and administrative law is a stimulating and exciting option.

Common law judicatures consequently separate the judiciary from the prosecution, [10] [11] [12] thereby establishing the courts as completely independent from both the legislature and law enforcement.

concept of administrative law

It is the main law. Sometimes the state does not follow the interests of the public, or works in contravention of its obligations under national and international law. Staff and PhD students in the School of Law undertake wide-ranging research in Scottish, UK and comparative constitutional and administrative law.

Constitutional and administrative laws

Therefore, you could be working alongside the NHS, your local council or the police. In such countries the source of constitutional law is the constitution while the source of administrative law may be statutes, statutory instruments, precedents and custom. The first is that the regular law is supreme over arbitrary and discretionary powers. Main article: Parliamentary procedure Another main function of constitutions may be to describe the procedure by which parliaments may legislate. Dicey identified three essential elements of the British Constitution which were indicative of the rule of law: Absolute supremacy of regular law as opposed to the influence of arbitrary power ; [13] Equality before the law ; The Constitution is a result of the ordinary law of the land. The administrators should perform their functions with utmost obedience to constitutional law. It deals with the general principal of state pertaining to all branches. The court, led by Lord Camden stated that, "The great end, for which men entered into society, was to secure their property. You may improve this article , discuss the issue on the talk page , or create a new article , as appropriate. It also gives guidelines about the intentional relations. Instead we have a series of rules, guidelines, powers and laws which govern how the country is run and where power lies. For instance, special majorities may be required to alter the constitution.

Practising administrative or constitutional law means you will either be employed by the state in the Government Legal Service GLSor in a private practice. Some federal states, most notably the United States, have separate and parallel federal and state judiciaries, with each having its own hierarchy of courts with a supreme court for each state.

By the laws of England, every invasion of private property, be it ever so minute, is a trespass The constitutional laws have complete control on the administrative law and administrators of the country.

Sources of administrative law

This is an exciting and fast-moving part of the law. Whatever may be the argument and counter argument, 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. Staff are able to offer supervision in most areas of domestic public law and some areas of comparative public law, including, but not limited to the specific topics listed below. When a constitution establishes a federal state , it will identify the several levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement. It deals with the organs of the state as motion. Civil law jurisdictions, on the other hand, place less emphasis on judicial review and only the parliament or legislature has the power to effect law. The court, led by Lord Camden stated that, "The great end, for which men entered into society, was to secure their property. Administrative law is just a subordinate to constitutional law.
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(DOC) Differences between Constitutional & Administrative Law