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Another area where constitutional and administrative law intersect is individual rights. The Constitution protects certain individual rights, such as the right to free speech and the right to due process. Administrative law helps to ensure that these rights are protected by the government.

Divergence of Constitutional and Administrative Law

While there are areas where constitutional and administrative law intersect, there are also areas where they diverge. One important difference is the level of scrutiny that is applied to government action. Constitutional law requires that the government’s actions be narrowly tailored and that they serve a compelling government interest. Administrative law, on the other hand, applies a more lenient standard of review.

Another difference between constitutional and administrative law is the role of the courts. Constitutional law cases are typically decided by the Supreme Court. Administrative law cases, on the other hand, are typically decided by lower courts, such as the federal district courts and the federal courts of appeals.

Impact of the Divergence in Laws

The divergence between constitutional and administrative law has a number of implications for people working in the field of public administration. One implication is that public administrators must be aware of both sets of laws. They must be able to understand how the Constitution limits the power of the government, and they must also be able to understand how administrative law allows the government to operate effectively.

Another implication of the divergence between constitutional and administrative law is that public administrators must be able to defend their actions in court. If a public administrator’s actions are challenged in court, they must be able to show that their actions were consistent with both constitutional and administrative law.

Conclusion

Constitutional law and administrative law are two important branches of law that govern the United States government. While there are areas where these two sets of laws intersect, there are also areas where they diverge. The divergence between constitutional and administrative law has a number of implications for people working in the field of public administration. Public administrators must be aware of both sets of laws and be able to defend their actions in court.

References

• Administrative Law: Cases and Materials by Cass R. Sunstein and Richard H. Fallon
• Constitutional Law by Laurence H. Tribe
• The Administrative Process by Kenneth Culp Davis