The Australian legal framework has a complete system of governmental and legal laws. The differentiation between Administrative Law vs. Constitutional Law is important as it can help individuals understand the framework of legal rights. Both operate and serve as necessary facets of public law but under different functions and in separate domains.
People seeking legal help in this sector might need Administrative Law Lawyers Perth to understand matters relating to administrative or constitutional law. This blog will help you understand the contrasts between these two crucial legal topics and how one can fight such cases with proficient legal assistance.
Administrative law and constitutional law are two essential branches of public law that manage the functioning of a state and its associations. Here’s what differentiates these two concepts.
Administrative law –
It’s the area of law that governs the activities of administrative agencies and public officials to ensure that decisions by the government are bounded by legal standards and are not oppressive or arbitrary. The general categories of administrative law usually include licensing, regulation, public services, and administrative tribunals.
Constitutional law –
The law concerning the constitutional structure and doctrine under which a country is governed by its constitution is referred to as constitutional law. Australian constitutional law also governs the domain separation between federal and state governments, individual rights, and the function of constitutional bodies.
Administrative Law vs. Constitutional Law –
While administrative law deals with government action, constitutional law defines the fundamental framework of government functions.
Administrative Law –
The source of authority in administrative law is the legislative bodies. Some administrative tribunals and agencies operate according to these statutes and regulations while implementing and enforcing policies.
Constitutional Law –
Its authority lies in the Australian Constitution, being the supreme law in the country. All the laws should be according to the constitution.
Key Difference –
Administrative law is based on legislative statutes, whereas constitutional law is grounded in the Constitution itself.
Administrative Law –
This area of law aims to make government decisions legal, reasonable, and fair. It guards the citizens against arbitrary or unfair administrative action by providing channels for review and Administrative Appeal decisions.
Constitutional law –
This law deals with the states and government associated with their powers, functioning, and limitations. This area defines the framework within which governance is exercised based on the separation of powers, the rule of law, and fundamental rights protection from the state.
Difference –
Administrative law concerns accountability in government decision-making. Constitutional law outlines and restricts governmental powers.
Types of Administrative law deal with specific cases involving government agencies, public officials, and the carrying out of statutory duties. This includes appeals of visa denials or disputes on regulatory compliance issues.
Constitutional Law –
This area addresses more general issues shaping the form and functioning of government, such as disagreements over federal-state powers, constitutional amendments, or the validity of legislation.
Key Divergence –
Administrative law focuses on individual disputes with governmental decisions, while constitutional law covers broader governance issues.
Administrative Law –
Most disputes are decided by administrative tribunals such as the Administrative Appeals Tribunal (AAT) or one of the State’s entities. Higher courts, including the Federal Court or High Court, are likely to intervene in cases that raise questions about this law.
Constitutional Law –
Most cases fall under the domain of the High Court of Australia, which has exclusive powers to deal with controversies according to the laws stated in the constitution.
Important Difference –
Administrative law frequently involves tribunals and subordinate courts, while constitutional law is mainly associated with the High Court.
Conclusion
While summarizing, It is important to understand the differences between administrative law and constitutional law in the context of the issues being raised in court. Administrative law is concerned with the lawfulness and justice of government action.
In contrast, Constitutional law produces the architecture of governance and the base rights that a person is entitled to. It does not matter whether it is an administrative case or a constitutional case; either way, a well-versed administrative lawyer Perth can undoubtedly take such counsel to its best. Such awareness helps individuals or organisations to better protect their rights under the Australian legal system.