Relationship between

Constitutional law and

Administrative law
ANANT FAUJDAR
Although the relationship between
constitutional law and administrative
law is not very distinct to be seen with
bare eyes but the fact remains that it
is neither so blurred that one has to
look preciously with a magnifier to
locate the relationship.
According to Maitland, while
constitutional law deals with
structure and the broader rules
which regulate the functions, the
details of the functions are left to
administrative law.
According to Hood Phillips,
“Constitutional law is concerned with
the organization and functions of
Government at rest whilst
administrative law is concerned with
that organization and those functions
in motion.”
 Constitutional law is its own kind.

 Constitutional law deals with various

departments of the state.

 It deals with the structure of the state.

Constitutional law
 It is the highest law.

 It gives the guidelines with regard to the

general principles relating to organization
and powers of organs of the state, and
their relations between citizens and
towards the state. It touches almost all
branches of laws in the country.

 It also gives the guidelines about the

international relations.
 Administrative law is a species of
constitutional law.

 It deals with those organs as in motion.

 It deals with the functions of the state.

Administrative law
 It is subordinate to constitutional law.

 It deals in details with the powers and

functions of administrative authorities.

 It does not deal with international law. It

deals exclusively with the powers and
functions of administrative authorities.
 the fields of constitutional and
administrative law share similar purposes
of protection of rights, control of agency
costs, and limitation of government.
 The primary difference, in this view,
concerns their place in the hierarchy of
public law: constitutional law regulates
the highest norms of the state, while
administrative law rules sub-legislative
action, somewhat lower in the hierarchy
of sources.
The orthodox understanding
At the end, constitutional law is concerned
with constitutional status of ministers and
civil servants; administrative law is
concerned with the organization of the
service and the proper working of various
departments of the government.

conclusion