Constitutional and administrative laws
Constitutional and administrative laws are collectively termed as public law. Public law has a direct impact on each individual’s. For example during the passage of a new legislation piece or when an individual’s civil rights are abused, the public law gives the legal structure within which the administration functions and the government operates. The laws play a very vital role in regulating the government’s structure and its administration in reference to its nationals. It also defines the responsibilities of government workers and the intergovernmental relations. This presents it as a very vital component in the day to day running of the government.
Constitutional law entails the study, interpretation, practice and administration of laws which are set by the constitution of a country. The sections contained in constitutional law sets out specific provisions which provides for civil and human rights as well as government entities. It is part of the consumer law which deals with issues relating to producers and consumers in the business world. Issues relating to discrimination and diversity are also underpinned in these laws. In the United States, the constitution acts as the foundation of all constitutional laws. Basically, constitutional laws deal with any legal issue revolving around constitutional rights or their violation. All cases involving constitutional law are dealt with by the Supreme Court of the United States. These cases may involve violation of the constitution or the need to amend or change the existing constitutional law in cases where they seem to conflict with the view of the nation. Judicial review is also a very important subject in constitutional law where the state has to continually review the action of the legislative and executive branches. Administrative law on the other hand incorporates numerous areas of law. These include government agencies’ regulations and procedures, administrative rules, agency authority’s scope, agencies’ enforcement power and individual privacy. Basically, administrative law covers laws and legal doctrines which govern the regulation and administration of government bodies and agencies. These may include both state and federal. The Congress delegates power to these agencies prompting them to act as agents. These agencies are formed to protect the interests of the public rather than to protect private rights. The actions of a government agency ma include adjudication, rule making or implementing a particular regulatory agenda.
One of the purposes of constitutional law is to ensure that each and every individual living within the borders of the country is protected. This is ensured by the section of the laws which uphold individual’s civil rights. These rights are found in definite provisions in the constitution on which the constitutional law is founded. The provisions protect an individual’s right from being interfered with by the state and the federal governments. In the constitution the first 8 amendments basically protects the basic civil rights of an individual. A good example is the 1st amendment which protects free speech, assembly and press fundamental rights. Other amendments just add to the scope of protection granted to an individual in regards to his basic rights. Another good example is 14th Amendment which bars a state from violating the immunities and rights of an individual without due process of law. The fair criminal justice system is also advocated for in the Fifth Amendment where it guarantees a grand jury. The other purpose of constitutional law is protection of individual’s property. Constitutional laws also very vital I ensuring that power is not concentrated I one arm. This is ensured through the doctrine of separation of powers which is part of the constitutional laws. According to this doctrine, power is divided among three arms; these are executive, legislature and judicial. The executive is responsible for implementing laws which are made by the legislature. The judiciary plays the all important role of interpreting the law.
In this line of thinking, constitutional laws plays a vital role in preventing absolutism which characterizes dictatorship and monarchies. The laws are also very important in ensuring that the individuals’ rights are protected and checking the use of power. They also ensure that the rule of law prevails in the country by ensuring that individuals live without fear of losing their life arbitrarily or even losing their property. The constitutional laws are very significant because they instill confidence among the people in believing that their representatives will not abuse power. Most importantly, constitutional laws are a major check to laws which officials elected can impose.
Administrative law on the other hand has a different approach compared to constitutional law. This is because they do not often relate to everyday life. Administrative law is mainly concerned with ensuring that there is fairness in the public decision making. The decisions must be guided by administrative discretion. This emerges as an advantage to both the government and its citizens. To the government, its status quo will be raised and it will also be able to perpetuate itself. Besides regulating relationship between the state and the citizen, administrative law also enables one of the government’s arms to challenge another on the issues of legality of its actions (Stott). The law acts as a weapon used by power holders to ensure that every center of power does not exceed the legal limits of the warranted authority.
By virtue of dealing with agencies, the laws made are diverse and dealing with equally diverse issues like workplace safety, environmental protection and environmental protection. Regulatory perspectives also fall in this docket of the law. The administrative laws also make decisions which affect vital aspects of an individual’s life like deportation and decisions on healthcare coverage. These decisions are made by federal agencies. Fundamentally, administrative law affects an individual in real life.
It’s the law which determines how a government functions (good administration). The functioning of the government in this case may involve provision of certain public goods or services. The law plays a very vital role in controlling public utilities, banking, insurance, industry, finance, health and morals, finance, the professions and the response of the government to the whims of the modern society. This has addressed issues like service delivery, the role of technology, research, and economic, social economic and administrative factors. This may require the government to create an agency as stipulated by administrative law. However, it may opt to charter a non profit organization to provide such goods or services instead of creating an agency. This is considering the fact that government institutions can’t be considered as government agencies. An administrative action may also be taken through a judicial review to ensure that public decision makers act within the jurisdiction of the law.
Administrative law is very significant in addressing legal disputes especially those considered minor by the Supreme Court. Typical disputes involving issues like environmental protection, day to day business operations, administrative and corporate social responsibility, and policy rule and regulation are dealt with at the agency level. This is because they are equipped to deal with every day details of governing. A good example is an issue on environmental protection where a court may lack the needed expertise to decide the exact equipment needed in coal plants to avoid air pollution. However, administrative agencies are better suited to address such an issue amicably. This is because the agencies created via administrative law are able to obtain sufficient details of regulation and they also have the ability to develop expertise in a particular section requiring regulation. This also creates time for the higher courts to deal with other matters prompting attention at that level.
One of the limitations of constitutional and administrative laws is their pluralistic conception. This has always put them under heavy criticism from varying directions. Consequently, there is a need for non-delegation doctrine revival to ensure great specifity in articulation the congressional standards. Administrative law is also limited I terms of scope especially because the administrative authorities are inferior to the bodies given the mandate to interpret and execute such laws. This means that administrative law has constitutional limitation.Order Now