Constitutional Law V istrative Law 1s1k4i

istrative Law I

Constitutional Law V istrative Law (Lecture) Kingsley Udeh, Esq.

Expected outcome of this lecture • At the end of this lecture you should be able to: – Identify the similarities and dissimilarities between Constitutional Law and istrative Law – Identify the relevance of having istrative Law as a course of study

Background • istrative Law and Constitutional Law are closely related in of areas of interests and issues. • The close relationship between the two had led eminent legal scholars in the Common Law jurisdictions, particularly in England, to treat istrative Law as an appendage of Constitutional Law. • A.V Dicey in his exposition on Rule of Law posited that istrative Law does not exist in England, thereby worsening the perception about the identity of istrative Law as a course of study in the Common Law jurisdiction

Effects of the Misconception • The earlier perception that istrative Law is an appendage of Constitutional Law led to: – Many English textbooks to treat Constitutional Law and istrative Law as one and the same, so that one textbook will read “Constitutional and istrative Law” – Most of the textbooks on “Constitutional and istrative Law” had most of their focus on Constitutional Law matters and very little on istrative Law issues. – Some universities in the UK still does not have a separate istrative Law course, but the course “Constitutional and istrative Law”

Current paradigm shift • However, at present the misconception that istrative Law is not a distinct course of study from Constitutional Law has changed. • It is now widely accepted that istrative Law is a distinct course of study, not an appendage of Constitutional Law. • There are currently several textbooks on istrative Law, with focus on issues peculiar to istrative Law.

Features of Law • There are certain features of istrative Law that makes it distinct – It is concerned with the regulation of the activities of istrative agencies of the state or government, and not with the state or government as a whole – It is focused on the powers and procedures for the exercise of powers by istrative agencies • agencies exercise legislative, executive & judicial powers

– Its focal point is on providing remedies for abuse of powers by istrative agencies

Other features of Law • Other distinctive features of istrative Law include – It delves into delegation of powers and delegated legislation, which are important issues in the operation of istrative agencies – It involves the study of numerous legislation and subsidiary legislation relating to istrative agencies; hence its focus goes beyond the Constitution

Features of Constitutional Law • On the other hand, Constitutional Law has the following distinctive features as a course of study: – It is concerned with regulating the relationship between the 3 arms of government, viz., the Legislature, the Executive and the Judiciary – It focuses squarely on the Constitution – It looks into the vesting of power on the 3 arms of government and the separation of their powers

Other features of Constitutional Law • Other distinguishing features of Constitutional Law include: – Its focus is on fundamental human rights – It is concerned with the general exercise of governmental powers by the 3 arms of govt., instead of its delegation

Similarities between Constitutional Law and Law • There would not be confusion of identity between the 2 courses of study, if there were no similarities or close affinity between the 2. • The similarities between Constitutional Law and Law include: Both are species of Public Law, that is, they deal with the relationship between the institutions of government and individuals, and relationship among the institutions of government Both deal with the distribution and exercise of governmental powers and functions- “where Constitutional Law ends, istrative Law begins”

Similarities • Other similarities include – Both are concerned with imposing boundaries and ability on those that exercise governmental powers – Their application is founded on the Constitution • The study of Law will involve copious reference to the Constitution

– They are both concerned with Human Right issues – Both rely on statutes and case laws for their principles and operations – The principles of both are enforced by the same institutions: the courts, law enforcement agents.

Dissimilarities • From the distinctive features of istrative Law and Constitutional Law as presented above, one could identify the dissimilarities between the 2 courses of study. • Apart from those identified above, one will notice that their course outlines or topics of study are different.

Relevance of Law • The relevance of studying istrative Law as a separate course of study is that – It focuses on particular areas of governmental istration which Constitutional Law does not delve into – It deals with practical and procedural issues relating to istrative agencies, which Constitutional Law is not concerned with – Certain principles are not applied in istrative Law as they are applied in Constitutional Law; we will see later how principles such as Separation of Powers apply or do not apply in istrative law

Conclusion • Constitutional Law and istrative Law are closely related. • However, istrative Law is not an appendage of Constitutional Law