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Last Topic - Differences between Constitutional & Administrative Law

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Presentation on theme: "Last Topic - Differences between Constitutional & Administrative Law"— Presentation transcript:

1 Last Topic - Differences between Constitutional & Administrative Law
Constitutional law and administrative law both are concerned with functions of government, both are a part of public law in the modern state and the sources of the both are the same – THE PUBLIC

2 Fundamental Constitutional and Administrative Concepts
Meaning Scope Sources of Governmental Power Parliamentary Legislation Delegated Legislation

3 Fundamental ……. The fundamental law, written or unwritten, that establishes the character of a government by defining the basic principles to which a society must obey the rules

4 Fundamental ……. The philosopher Aristotle (384–322 b.c.), in his work Politics, analyzed over 150 Greek Constitutions

5 Fundamental ……. Laws, as distinct from the frame of the constitution, are the rules by which the magistrates should exercise their powers, and should watch and check misbehaver

6 Fundamental ……. Constitutions such as that of the United States, created in 1787, were influenced by the ancient Greek models

7 Meaning of Fundamental Constitutional and Administrative Concepts
Administrative law is the body of law that governs the activities of administrative agencies of the government

8 Meaning of …… Such activities are exercised when delegated to Administrators by the Legislature as and when the need be

9 Scope of Fundamental Constitutional and Administrative Concepts
Administrative law determines the organization, powers and duties of administrative authorities

10 Scope of ……… The emphasis of Administrative Law is on procedures for formal adjudication based on the principles of Natural Justice

11 Scope of ……… The concept of Administrative Law is founded: a) Power is conferred on the administration by law b) No power is absolute or uncontrolled c) There should be reasonable restrictions on exercise of such powers

12 Scope of ……… Administrative law is as old as administration itself since they cannot exist separately

13 Scope of ……… Administrative Law is based on the concept of rule of law that supports Natural Justice, so that abuse of official power on the part of Government became impossible

14 Scope of ……… In natural justice, the individual has to be given an opportunity to be heard & then decide the matter on merit

15 Scope of ……… Scope of Fundamental Administrative Concepts It is to prevent violation of people's rights by officials in power

16 Sources of Governmental Power
People

17 Sources of …….. In political science, legitimacy is the popular acceptance of an authority, usually a governing law or a régime

18 Sources of …….. Political legitimacy is considered a basic condition for governing, without which a government will suffer legislative deadlock(s) and collapse

19 Sources of ……. In political systems where this is not the case, unpopular régimes survive because they are considered legitimate by a small, influential élite

20 Parliamentary Legislation
Bill Act

21 Parliamentary ……. Bills Passed By The National Assembly
1st Parliamentary Year (1 June, May, 2014 ) 1.Thursday, 27th June, The Finance Bill, 2013

22 Delegated Legislation
Delegated legislation also referred to as secondary legislation or subordinate legislation or subsidiary legislation

23 Delegated ….. Delegated legislation is law made by an executive authority under powers given to them by primary

24 Delegated ….. Delegation of Authority is given in order to implement and administer the requirements of that primary legislation

25 Delegated ….. Such law is made by a person or body other than the legislature but with the legislature's authority

26 Delegated ….. Often, a legislature passes statutes that set out broad outlines and principles

27 Delegated ….. Such outlines and principles delegated to authority to issue delegated legislation

28 Delegated ….. Delegated legislation can also be changed faster than primary legislation so legislatures can delegate issues that may need to be fine-tuned through experience

29 Next Topic -The Rule of Law
Means norm according to law


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