What are the key differences between administrative law and constitutional law?
Administrative law and constitutional law are two separate legal systems that govern different aspects of the law. The primary difference between them is the source of their authority. Constitutional law is derived from the United States Constitution, while administrative law is created by administrative agencies such as government departments or commissions. Constitutional law provides the framework for how government works, protecting the fundamental rights of citizens and establishing the parameters of democratic operation. It includes the foundational principles of our political system and establishes the powers of the branches of government. Constitutional law establishes the structure of our system of government, with each branch of government having its own responsibilities. Administrative law, on the other hand, is created by executive agencies and set out specific regulations governing particular aspects of governmental action. These regulations are not part of the Constitution but are enacted by agencies to help implement the Constitutional framework. Administrative law is more focused on the details of how policies and laws are applied, rather than the broader principles of Constitutional law. For example, the Environmental Protection Agency has the authority to create regulations about air quality standards, which are then enforced by the EPA. This is an example of administrative law, which is used to put the broader principles of the Constitution into practice. In Washington, the Office of Administrative Hearings is the agency that handles administrative law proceedings. This agency hears cases related to rules and regulations established by administrative agencies, and is responsible for ensuring that the laws are correctly applied.
Related FAQs
What is the role of the Administrative Conference of the United States in administrative law?What is the role of administrative investigations?
What is public interest litigation in administrative law?
What is the role of administrative agencies in developing regulations?
What is the role of the executive branch in administrative law?
What are the common areas of dispute in administrative law?
What are the common procedures used in administrative law?
What is administrative adjudication?
What are the different types of appeals in administrative law?
What are the primary areas of administrative law?
Related Blog Posts
What Is Administrative Law: A Comprehensive Overview - July 31, 2023The Role of Administrative Law in the Legal System - August 7, 2023
Understanding the Difference Between Federal and State Administrative Law - August 14, 2023
Exploring the Power of Congress and Federal Agencies in Administrative Law - August 21, 2023
Navigating Administrative Law Litigation Strategies - August 28, 2023