Constitutional law interprets and upholds the US Constitution, while administrative law governs government agencies. The Supreme Court ensures compliance with constitutional requirements such as due process, which is essential in administrative law. Administrative agencies create rules and regulations that have the force of law and must comply with constitutional requirements.
The Constitution is the blueprint of the US government. Constitutional law implies the interpretation and respect of the Constitution. The Supreme Court is the ultimate authority on constitutional interpretation. Administrative law is an area of law governing the establishment of agencies that assist in the administration of governmental powers and functions. Although constitutional law and administrative law differ in scope and purpose, constitutional law plays an important role in administrative law.
The Supreme Court is part of the judicial branch of government. Administrative agencies are government entities. The powers of these agencies are delegated to them by Congress or their respective state legislatures. Since administrative agencies act with governmental power, their actions must be consistent with the Constitution’s prohibitions on the abuse of that power.
Constitutional law addresses fundamental questions about the nature of American government and society. According to the Constitution, the power of government is distributed among the executive, legislative and judicial branches, each with separate powers. Constitutional law involves deciding on the powers of all three branches. Amendments to the Constitution must be proposed by Congress and approved by state legislatures or approved by such legislatures acting through a constitutional convention. These aspects of function and power are the main difference between constitutional law and administrative law.
Administrative law consists largely of rules, regulations, opinions and orders created by government agencies. At the federal level, most administrative procedures are governed by the Federal Administrative Procedure Act. Within this framework, however, individual agencies may have their own unique set of rules or opinions on certain topics. Administrative rules and decisions have the force of law.
Most administrative agencies have regulatory commissions that create regulatory law and enforce it. They also create and enforce industry standards. Some examples of regulatory commissions that operate under congressional authority are the Department of Agriculture, the Environmental Protection Agency, and the Securities and Exchange Commission. Most federal government agencies have state-level counterparts.
In the interaction between constitutional and administrative law, the agency’s action must comply with the constitutional requirements of “due process”. Due process is a matter of fundamental fairness, the idea that government power should be exercised according to the rule of law and not arbitrarily. It is on this issue of due process that constitutional and administrative law often intersect.
The Supreme Court has long held that government decisions that take away or interfere with important freedoms or property interests must employ a fair hearing before doing so. A fair hearing includes notification of why government action is being taken and an opportunity to be heard on the matter. This includes the possibility of a hearing before an administrative law judge and the presentation of evidence to challenge the agency’s decision. It also includes the ability to appeal an unfavorable hearing decision.
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