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« on: October 13, 2015, 07:47:57 PM »
Distinction between constitutional law and administrative law:-
Constitutional law and administrative law both are concerned with function of government, both are a part of public law in the modern state and the source of the both are the same. Yet there is a distinction between the two:-
The administrative law is last an adjunct of the constitutional law. To the early English writer on administrative law there was no different between constitutional law and administrative law therefore Keint observed.
It is logically impossible to distinguish administrative form constitutional law and all attempts to do so are artificial
Actually, the distinction between the two is one of decree, convenience and custom rather than that of logic and principle. However according to the Holland.
Constitutional law described the various of the government at vest while administrative law them in motion (jurisprudence 10th edn p.506.
Therefore according o this view. The structure of the legislature and the executive comes within the preview of the constitutional law but there functioning comes within the sphere of administrative law but Maitland does not agree with this classification because in that case powers and prerogatives of the crown would be relegated to the arena of the administrative law. According to the Jennings. Ad Law deals with the organization function power and duties of administrative authorities. While constitutional law deals with the general principle relating to the organization and power of the various organ of the state and their mutual relationship of this organs with the individuals.in other words, constitutional law deals with the fundamental while administrative law deals with the details.
It may also be pointed out that constitutional law deals with the right and administrative law lays emphasis on public need. However, the dividing line between the constitutional law and administrative law is a matter of convenience become every student of administrative law has to study some constitutional law.
In countries which have written constitutions the difference between constitutional law and administrative is not so blurred as in England .in such countries the source of constitutional law is the constitution .while the source of administrative law may be statutes,statutory instrument,precedent and custom.
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 time the discipline of constitutional law and administrative law may overlap.
The correct position seems to be that if one draws two circles of administrative law and a constitutional law, certain place they may be overlap and this area maybe termed as the watershed in administrative law.
Md. Abdur RAhim
Lecturer in Law
Daffodil International University