DIFFERENCE BETWEEN ADMINISTRATIVE AND CONSTITUTIONAL LAW, DEFINITION OF ADMINISTRATIVE LAW, DEFINITION OF CONSTITUTIONAL LAW, POINTS OF DISTINCTION

 DIFFERENCE BETWEEN ADMINISTRATIVE AND CONSTITUTIONAL LAW

INTRODUCTION:

The constitutional law doesn't dissent in essence from jurisprudence. The sources of each area unit a similar and each area unit are involved with the functions of the presidency. Each area unit is a part of, that is understood as "Public Law" the excellence between the two is one rather of convenience and custom than logic. Jurisprudence and constitutional law along are also the same as quantity to the "JUS PUBLICUM" or law. It's terribly tough to draw a distinction between two as a result of it's tough to draw a distinction between these 2 as result of its a lot of similarities than their distinction.

DEFINITION OF ADMINISTRATIVE LAW:

It is the law concerning the management of presidency power and body of general principles that govern the exercise of powers and duties by public authorities.

DEFINITION OF CONSTITUTIONAL LAW:

Constitution means that a document has special legal holiness that sets out the framework and therefore the principal operation of the organs of the govt. with the state, and declares the principles by which those organs should operate.

POINTS OF DISTINCTION BETWEEN ADMINISTRATIVE AND CONSTITUTIONAL LAW:

It is terribly tough to draw a distinction between these 2 however some variations area units listed below;

1. ON DEFINITION:

I. CONSTITUTIONAL LAW;

Is the supreme law of the land from that all people derive their rights, all Laws drive their validity and every one authority derives their functions.

ii. ADMINISTRATIVE LAW:

Is the law regarding the powers and procedures of body agencies, together with particularly the law governing review of body action.

2. OPERATE IN REST AND IN MOTION:

I. CONSTITUTIONAL LAW:

Is concerned with the organization and functions of the presidency at rest.

ii. ADMINISTRATIVE LAW:

On the opposite hand, deals thereupon organization and functions in motion.

3. ON CHANGE OF LAW:

I. CONSTITUTIONAL LAW:

It is the duty of the assembly to amend the law or the constitution.

ii. ADMINISTRATIVE LAW:

If it's explicit in delegated legislation then the chief has the ability to amend the law that deals thereupon explicit body.

4. On REMAKING POWER:

C. L: it's solely the assembly that has the ability to form rules.
A. L: it's conditional whether the chief authority has been conferred by the assembly, to form rules, within the delegate assembly.

5. On JUDICIAL FUNCTION:

C. L: it's one of all the judiciaries that have judicial powers.
A. L: generally govt might have judicial power i.e, the Rent Controller has the ability to come to a decision on the cases solely concerning the rent though govt power has been unconditional to him.

6. ON REGARDING WITH LAW:

C. L: Constitutional law solely deals with the law and every one the matters regarding with law.
A. L: generally jurisprudence considerations those rules that area unit strictly not law, they're just the outline or directions.

7. On PROCEDURAL LAW:

C. L: Constitutional law is that the procedural law. A. L: jurisprudence is purposeful and less procedural in its application.

8. On social control OF LAW:

C. L: Here it's the duty of the chief of the state to enforce all laws of Land A. L: Here the chief solely has the ability to enforce specifically that law by that body is regulated.

9. On operate OF EXECUTIVE:

C. L: the essential operation of the chief in constitutional law is to enforce or administer to law. A. L: Here the chief might have the chief, assembly, or judicial power however it's conditional that whether this power is delegated by the assembly to him.

10. On SCOPE:

C. L: It deals with all laws, all people, and body bodies of the state that it's a wider scope. A. L: It deals solely with administered authority and people operating below solely that body therefore its scope is restricted.

11. On basic AND SUBSIDIARY LAW:

C. L: Constitutional law is the basic and supreme law of the Land and deals with all aspects of the state. A. L: jurisprudence is that the subsidiary law deals solely explicit body.

12. On SOURCE:

C. L: The supply of constitutional law is that the constitution. A. L: because the sources of jurisprudence area unit precedents and statutes