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What is Constitutional And Administrative Law ?
Constitutional law is the body of law that establishes fundamental principles of governance in a state. It deals with political rights, civil liberties, and the structure and authority of government. Administrative law is a set of rules to regulate public bodies’ administrative or executive power that provides guidance as to how their actions shall be guided and enforced. In short it’s anything related to how the government works or what they can do
Constitutional Law: A system through which an individual’s basic rights are conveyed using rules established by society to constrain malignant use by authorities. These rules can be in the form of a constitution, that is an intensely fundamental law that sets out rights and protections for the people. Constitutional law can also be derived from customary statutes by which the law is created through statute instead of a formal document..
Administrative Law: The body of rules (laws) which has to do with how bureaucratic organizations operate. This includes all courts and tribunals as well as administrative bodies. Administrative law will usually exist parallel to constitutional law rather than being subordinate to it.
Categories Of Constitutional And Administrative Law
- Customary law
- Prescriptive law
- Constitutional law
- Statute law
- Case law
- Administrative decisions
- Rules and regulations
Customary law: This is the law that was established at a particular point in time by a particular body. The most common kind of customary law is law based on custom. Customary laws are widely understood and are accepted as law by society, but not necessarily written down. Some customary laws may be expressed as statutes or other laws but they have developed through customs rather than through statute
Prescriptive law: This is when the law has been given or discovered at a particular point in time and there’s no need for a separate document of any kind to explain it. Prescriptive law includes:
Constitutional law constitutional refers to the Constitution itself ,it is binding on everyone, including government officials and everyone in government. It has a direct effect on everyone and is intended to promote good governance. When the constitution is violated, it is up to a court to decide on the outcome.
Statute Law: Statutes are laws made by Parliament. These are regulative laws that can be changed or abrogated not easily as compared to customary laws. Upon being promulgated, a statute is like a constitution to the person or body it affects. It is used to determine the limits of that person’s or body’s power. A statute may also be referred to as an Act of Parliament, a Law or simply as a Regulation.
Case law: This refers to laws that have been discovered through court decisions, they are standards created by judges during the trial of cases in court. These are standards that have been proven by courts and they will be followed again in similar situations. These two types of law (customary and case law) overlap often because case law sometimes has its origin in customary law, but not always.
Importance Of Constitutional And Administrative Law
- Constitutional law is important because it protects the people of a country from improper use of authority by those in government. For example, it is a violation of constitutional law when the international human rights are violated. the constitution also provides a person with some guidance as to what he or she should expect from the state, either in terms of rights or benefits from the state or with regards to what is expected from them by the state such as tax payments
- It instills respect for leadership, freedom and equality among all people. For instance, the constitution shows that everyone is equal and that they are entitled to the same rights, which provides them with a firm basis and a set of standards which they must abide by. This ensures that one’s rights are not violated in any way.
- Constitutional law also provides some guidance as to what the officials should do in order to achieve their goals for society.
- It also gives the people of South Africa an understanding of what is expected from them when interacting with the state (for example paying taxes).
- Additionally, it creates the right to form peaceful societies; it ensures that government actions do not infringe on these rights. For instance, in South Africa, the constitution has banned any form of opposition to apartheid.
- The importance of administrative law is because this system enables effective public administration in a country. For example , it enables effective public employment, government finances and public services.
- It promotes good governance and compliance with legal standards by public officials, as well as ensures that they are held accountable for illegal behavior. This also protects individuals from arbitrary or unjustified actions by public officials.
- It gives the people an understanding of what is expected from them when interacting with the state such as paying taxes.
- It also enables a country to be more effective by creating more efficient public services and by ensuring that government officials are properly trained and have received proper training.
- Administrative law enables everyone to access quality public services regardless of race, creed or gender.
Topics Studied Under Constitutional and Administrative Law As a Subject
- Basic principles of Constitutional Law
- Legal and Political Systems
- Powers of Parliament
- Laws on Presidential, Parliamentary and Local Government Elections
- The Constitutional Court
- The Office of the Presidency, Cabinet and other Executive organs
- The Judiciary
- Ombudsman, Public Protector ‘Human Rights Commission’
- Limitation of Powers Act
- Bill of Rights
- South African Police Service Act
- National Prosecuting Authority Act
- South African National Defence Force Act
- Public Finance Management Act
- Public Service legislation in general
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