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How is administrative law different from constitutional law?
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Administrative law
Cartoon depicting a uniformed Interstate Commerce Commission officer shining a large searchlight on U.S. railroad executive Edward Henry Harriman, who is struggling to carry a large load of packages and toy trains, some labeled āmerger.ā
Distinguishing between administrative law and constitutional law can be challenging, as the two fields are closely related and often overlap. However, they generally focus on different aspects of governance:1
- Constitutional Law: This field concerns the fundamental rules that define the structure and operation of a stateās government. It addresses the organization of the national legislature, the structure of the courts, the role of the head of state, and the distribution of powers among government institutions. It also serves as a "higher law" that limits state power to protect fundamental individual rights.21
- Administrative Law: This field provides the legal framework for public administration. It covers the powers, duties, and functions of public authorities, their relationships with one another and the public, and the legal methods used to control administrative actions. While constitutional law sets the foundational structure, administrative law focuses on the substantive and procedural provisions relating to central and local government operations and the judicial review of those administrative actions.1
Ultimately, while constitutional law establishes the supreme principles of the state, administrative law governs the practical execution of those powers by public authorities.12