Constitutional and Administrative Law Intersection
Constitutional law is something you are likely familiar with to some extent, but the laws around administrative law may be less familiar. While the Constitution outlines many specific laws, it does not necessarily speak much about what happens in the administration of our government. For this assignment, you are asked to look at where constitutional and administrative law intersects and where they diverge.
Write a 3–4 page paper that includes the following three parts:
- An explanation of the areas in which constitutional and administrative law intersect.
- An explanation of where constitutional and administrative laws diverge.
- An evaluation of the impact of the divergence in these laws. What impact does this have on someone working in the field of public administration?
Use at least three sources to support your writing. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your sources page at least one time within your assignment. For help with research, writing, and citing sources, access the library or review library guides.
This course requires the use of Strayer Writing Standards (SWS). The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all support. Check with your professor for any additional instructions.
The specific course learning outcome associated with this assignment is:
- Evaluate the concepts of and interactions between constitutional and administrative law in the realm of public administration.
Introduction:
Constitutional law and administrative law are both integral components of the legal framework governing a nation. While constitutional law sets forth the fundamental principles, structure, and powers of the government, administrative law deals with the day-to-day functioning of the government and its agencies. This paper aims to explore the intersection and divergence of these two legal realms and evaluate their impact on professionals working in the field of public administration.
I. Intersection of Constitutional and Administrative Law:
- Delegation of Authority: The Constitution grants specific powers to the branches of government, and administrative law elaborates on the delegation of these powers. Administrative agencies are created by statutes enacted by Congress, and they derive their authority from the Constitution and the laws passed by Congress. This intersection allows agencies to carry out specific functions, which may not be explicitly stated in the Constitution.
- Due Process: Both constitutional and administrative law ensure that individuals are afforded due process of law. The Constitution’s Fifth and Fourteenth Amendments guarantee due process, while administrative law incorporates procedural safeguards for individuals involved in agency proceedings. Administrative agencies must adhere to fair procedures when making decisions that may affect the rights or interests of individuals.
- Judicial Review: The concept of judicial review allows courts to interpret the Constitution’s provisions and determine whether administrative actions comply with constitutional requirements. Courts assess the legality, reasonableness, and constitutionality of agency decisions, ensuring that they do not exceed their delegated authority or violate constitutional principles.
II. Divergence of Constitutional and Administrative Law:
- Lawmaking Process: The Constitution vests the power to legislate solely in Congress. However, administrative agencies play a significant role in rulemaking, creating regulations that have the force of law. This diverges from the constitutional process as it grants agencies the power to make rules without direct congressional approval, raising concerns about democratic accountability.
- Separation of Powers: While the Constitution establishes a system of checks and balances among the three branches of government, administrative agencies blur this separation. These agencies often combine legislative, executive, and quasi-judicial functions, raising questions about the concentration of power in unelected bodies.
- Limited Political Accountability: Public officials involved in the administration of government agencies may be less politically accountable than elected officials. This divergence can result in a lack of transparency and responsiveness, potentially leading to decisions that do not fully align with public interests.
