Answer 1.

Constitutional Law Administrative Law

Constitution is anti-majoritarian. Administrative law is anti-authoritarian. To
Constitution tries to put limits to the protect the people from misuse of power by
majoritianism. the administration, we need administrative
law
It is a value laden document. It is based on It is value neutral strategy of administration.
certain political theories whereas It is based only on the fact that administration
administrative law is not based on any must exercise its power in the benefit of the
political theory. people.
Constitutional law deals with the government Administrative law deals with the
at rest. government in motion.

Constitutional law is a source of policies and Administrative law is a policy delivery

programmes. mechanism.

Constitution may be either a product of Administrative law is always a product of

revolution [like French Revolution] or it may evolution. Basic bones of the administrative
be a product of assignment [like Britishers law are provided by judiciary. This may be
gave us Act of 1935 which was the supplemented by other things such as statute,
constitution of this country from 1947 to administrative legislations but basic
1950], it may be a product of gradualism fundamental principles of administrative law
[like British Constitution is a product of are product of judicial activism.
gradualism, unmodified and unwritten] or it
may be a product of agreement [like
American Constitution], or it may be a
product of consensus [like Indian
constitution]
Constitution is a grundnorm. Administrative law is only a norm. It is a
norm laid down either by the statute, or by
the court or by higher law.
 Constitution is an open textured expression Administrative law is prescriptive. Besides
and is descriptive. this, there is lot of silences and gaps in the
constitutions.
Constitution reflects of rights of the people. Administrative law is the implements those
rights.

It deals with constitutionality. It deals with It deals with legality. It deals what ‘is’ to be
what ‘ought’ to be done. done.
Constitution is generally a product of history Administrative law is a product of statutory
and tradition and societal concerns. law, constitution, precedents, higher law and
international law and many others.

Answer 2

A V Dicey was the first constitutionalist who gave rule of law a concrete shape that could be
applied. He brought the concept of rule of law in reality from philosophy. Dicey developed the
contents of rule of law by peeping from foggy England into sunny France. France had
witnessed French revolution: there was no equality even though king’s power has been
curtailed. He said that two systems of judiciary and governance on the same land is causing
inequality and from here he developed the contents of rule of law.

DICEY’S 4 PRINCIPLES OF RULE OF LAW

1. PRE-EMINENCE OF LAW
 As per Professor Dicey, law must be supreme and not man. He was not in favour of
rule by law. Government must be under law and not law under the government. It means
that any law that government passes may not be law but government is under every law
is passes. However high one may be, the law will always be above you.
 Law must be same for every person but that does not mean that classification cannot be
made classification is possible but it must be reasonable.
 Every power of the government must flow from law. Whenever any government officer
takes any action against you they must show authority of law. There must be some
provision under which power is exercised by administrative authority.
 Adminstrative authorities should have limited powers, which are defined and regulated
by law. There should not be any discretionary powers with the administrative.

 Dicey says that pre-eminence law does not mean any legislature but law which is based
on fundamental principles of common law i.e values of common rights of the people
shouldn’t be violated. Some such principles are (a) Principle of fairness (b) Principle
of generality (c) principle of certainty (d) law must be perspective (e) It must be known
beforehand. Etc.

2. PRE-EMINENCE OF EQUALITY AND ACCOUNTABILITY

 Every person must be subjected to same system of law and the same system of courts.
Common man and government were subject to different courts. He says nobody can
enjoy special privileges. Later on, due to difficulties, if people develop class within
themselves then different systems can be made but ultimately system must meet the
equality.
 Everybody irrespective of his status, must be subjected to same system of courts which
are independent and decides the matter independently.
3. PRE-EMINENCE OF EQUAL ACCOUNTABILITY
 The courts must be independent and impartial, otherwise there is no justice. In France,
the Judges are appointed and governed by the government and thus they are not
impartial.
 There should be no special courts. There should be only one system of court and
everybody should be subjected to it.
4. PRE-EMINENCE OF COMMON LAW RIGHTS
 Dicey says, fundamental rights of the people must not flow from any legislation or any
book, they must flow from the common law of England, i.e. natural law. The source of
fundamental rights is the human person himself because of which he has certain
inalienable and inherent rights. Habeas Corpus case: Article 21 is the source of the
rights. Constitution can only be the reflector or consequence of the fundamental rights.
The main source of these rights must be human itself.