MZUMBE UNIVERSITY

FACULTY OF LAW

PROGRAM COURSE : LLB 2

SUBJECT NAME : ADMINISTRSTIVE LAW 1

SUBJECT CODE : LAW 226

KIND OF TASK : GROUP ASSIGNMENT

GROUP NUMBER : 4, STREAM C

LECTURER’S NAME: DR. MUSHI

S/N GROUP PARTICIPANTS REGISTRATION NUMBER

1 RASHIDI RAMADHANI MWENDESHI 1236062/T.20

2 PHILOMINA AINEKISHA CLEOPHACE 1236110/T.20

3 DEBORA OBED MWAKALINGA 1236138/T.20

4 ROGATH J. YONAH 1236059/T.20

5 BRYSON M. KITINGI 1236052/T.20

6 GLADNESS R. MUNISI 1236118/T.20

7 EVA CHARLES KONDELA 17311043/T.20

QUESTION.

The difference between administrative law and constitutional law is not one which is
fundamental and in actual fact that there is no clear or definite gap between those two laws.
There is a significant overlap between the two and no one wonder one would suggest them to be
one law instead of separate branches of law. Is this statement correct? With clear examples,
illustration and authorities substantiate the veracity of this statement.
Table of Contents
1. 0 INTRODUCTION....................................................................................................................4

1.1 Concept of Administrative Law.............................................................................................4

1.2 Concept of Constitutional Law..............................................................................................5

2. 0 MAIN DISCUSSION...............................................................................................................6

2.1 The differences between Administrative Law and Constitutional Law.................................6

2.2 The similarities between Administrative Law and Constitutional Law.................................8

3. 0 CONCLUSION.........................................................................................................................9

REFERENCES..............................................................................................................................10
1. 0 INTRODUCTION.
1.1 Concept of Administrative Law.
Basing on the concept of administrative law, different scholars attempted to define the term
administrative law basing on explaining the administrators or officials of the government. The
following are the different definitions of administrative law.

According to Dicey1 administrative law as denoting that portion of a nation's legal system which
determines the legal status and liabilities of all state officials, which defines the right and
liabilities of private individuals in their dealings with public officials, and which specifies the
procedure by which those rights and liabilities are enforced.2

According to Wade and Philips, administrative law is a branch of public law which is
concerned with the composition, powers, duties, rights and liabilities of the various organs of
government which are engaged in administration.3

Also, Administrative law can be defined as a branch of public law that is concerned with the
procedures, rules, and regulations of a number of governmental agencies. Administrative law
specifically deals with such administrative agencies’ decision-making capabilities, as they carry
out laws passed by state and federal legislatures. An example of administrative law is the
regulation and operation of the Social Security Administration, and the administration of benefits
to the people.4

Additionally, Administrative law is that body of law which applies for hearings before quasi-
judicial bodies, boards, commissions or administrative tribunals supplement the rules of natural
justice with their own detailed rules of procedure. Through jurisprudence, common law or case
law, these principles have each been expanded and refined beyond their original simplistic

1
Dicey. A.V., Introduction to the Study of the Law of the Constitution, 8th edition, London: MacMillan and
Company, 1915.
2
Jain, M. P. & Jain S. N., Principles of Administrative Law, 7th Edition, Haryana, India: LexisNexis, 2017, p.10
3
Jain, M. P. & Jain S. N., Principles of Administrative Law, 7th Edition, Haryana, India: LexisNexis, 2017, p.9
4
Ishwor T., Administrative Law: Concept, Definition, Nature, Scope and Principle and its Sources; Public
Administration Campus, Tribhuvan University, Nepal.
design to form distinct bodies of law forming together what the legal system refers to as
administrative law5.

The Purpose of Administrative Law.

The primary purpose of the Administrative Law, therefore, is to keep the powers of the
Government within their legal bounds, so as to protect the citizen against their abuse. “The
powerful engines of the authority must be prevented from running amok.” 6 The courts are
constantly occupied with cases of this kind which are nothing more than the practical application
of the rule of law, meaning that the Government must have the legal warrant for what it does and
that if it acts unlawfully the citizen has an effective legal remedy.7

1.2 Concept of Constitutional Law.

The same to Constitutional law, different scholars attempted to define constitutional law, and the
following are some of the definitions.

According to Maitland8 the constitutional law deals with structure and the broader rules which
regulates the functions, the details of the functions are left to administrative law.

As per Hood Philips9 “Constitutional Law is concern with the organization and functions of
Government at rest…”

For comprehensive understanding it is necessary for the reader to understand the meaning of
constitution. Is a document having a legal sanctity which sets out the framework and the
principle functions of the organs of government of a given state and declares the principles
governing the operation of these organs.10 Thus the constitution embodies the basic principle on
which the body of politic of the country is founded.

5
Ishwor T., Administrative Law: Concept, Definition, Nature, Scope and Principle and its Sources; Public
Administration Campus, Tribhuvan University, Nepal.
6
Bradley A. W, & K. D. Ewing., Constitutional and Administrative Law. 13th Edition, Harlow, London: Ashford
Coulour Press Ltd, 2003. P. 631.
7
Bernard Schwartz, Administrative Law 1 Toronto: Little, Brown & Co, 1976.
8
Maitland., Constitutional History, 10th Edition, Holland, p.506
9
Philips, H., Constitutional and Administrative Law, 1963, p.1-2
10
Phillips, H., Constitutional and Administrative Law, 1962, p. 13
Constitution is a legal document having a special legal sanctity which sets out the frame work
and the principal functions of the organs of the government of a given State, and declares the
principles governing the operation of these organs.11

All constitutional are the heirs of the past as well as the testators of the future. The law of
Constitution of the country seeks to establish the fundamental organs of government and
administration, lays down their structure, composition, powers and principal functions defines
the interrelationship of one organ with another, and regulates the relationship between the citizen
and the state, more particulars, the political relationship.12

A constitutional has many functions in a modern state. One of this tasks may be to serve as a
repository for a cluster of a society’s fundamental value. 13 A Constitution can reflect these values
in substantive ways, as in forbidding governmental interference with freedom of religion, and
procedural ways, as in proving that the government can punish people for criminal actions only
after trial at which the defendant has been represented by his counsel. A constitution can reflect
society’s fundamental values in all ways. A constitutional not only structures of system, it also
mirrors basic values about who shall govern and in what direction.14

2. 0 MAIN DISCUSSION.
2.1 The differences between Administrative Law and Constitutional Law.
Constitutional and administrative are two closely related subject area of law. There is thin
line demarcating constitutional and administrative law.15 However, in discussing the
constitutional law, we need to distinguish constitutional law from administrative law.
As pointed out by Wade and Bradley “There is no precise demarcation between
constitutional and administrative law… may be defined as the law which determines the
organization, powers and duties of administrative authorities.16 Like constitutional law,
administrative law deals with the exercise and control of governmental power. A rough
11
Stanley De Smith & Rodney Brazier, Constitutional and Administrative Law, 6th Edition, United Kingdom:
Penguin Books, 1989.
12
Takwani, C. K., Administrative Law 3rd Ed, Delhi: Eastern Book co, 2006, p. 63
13
William. F., Understanding Administrative Law, 1st Ed. 1986, p. 9.
14
Fisher .L & Devins .N., Political Dynamic of Constitution. 4th ed U.S.A, Thomson West. 2006.
15
Mwakisiki, M., Administrative Law, A Student Training Manual, Moshi Co-operative University, 2017, p.8.
16
Wade, H. W. & C. F.Forsyth, Administrative Law. 8th ed, Oxford University Press. 2000.
distinction may be drawn by suggesting that constitutional law is mainly concerned with
the structure of the primary organs of government, whereas administrative law is
concerned with the work of official agencies in providing services and in regulating the
activities of citizens.”

Constitutional law is concerned with the organization and functions of Government at rest
while administrative law is concerned with that organization and those functions in
motion.17
The constitution is the superlative law of the state of which all other laws of the land are
subject to it, and those laws goes against the constitution become void. This is proved under
Article 64(5) of The Constitution of the United Republic of Tanzania18 whereas in
administrative law, rules and regulations are subject to the constitution. Where administrative
law is inconsistence with the Constitution, the former will easily be declared unconstitutional. 19
Administrative law primarily concerned with the excise of powers by administrative
bodies, for example the local government of urban authority and district authority but also
executive agencies actions it function a other than implementation of policy and it also it more
effective cared out by a single purpose organization for example TARURA and TANROAD
whereas Constitutional law establishes the supreme powers of the states, the executive, judiciary
and the parliament and set general principles for the operations.20
Constitutional law, being the supreme law of the land, formulates fundamental rights
which are inviolable and inalienable for example under Article 12 up to 24 of The Constitution
of United Republic of Tanzania21 it highlight different rights which the Government a obliged
to protect her citizen against any infringement. Hence, it supersedes all other laws including
administrative law. whereas Administrative law does not provide rights. Its purpose is providing
principles, rules and procedures and remedies to protect and safeguard fundamental rights. This
point, although relevant to their differences, can also be taken as a common ground shared by
constitutional and administrative law. To put it in simple terms, administrative law is a tool for
implementing the constitution.22
17
Supra note 10.
18
Of 1977 as amended from time to time.
19
Supra note 15.
20
Ibid
21
Of 1977 as amended from time to time.
22
Mwakisiki, M., Administrative Law, A Student Training Manual, Moshi Co-operative University, 2017, p.8.
 Constitutional law lays down principles like separation of power which provided under
Article 4(1) of The Constitution of United Republic of Tanzania 23 and the rule of law also it has
been provided under Article 13(1) of The Constitution of United Republic of Tanzania.24
whereas An effective system of administrative law actually implements and gives life to these
principles. By providing rules as to the manner of exercising power by the executive, and
simultaneously effective controlling mechanisms and remedies, administrative law becomes a
pragmatic tool in ensuring the protection of fundamental rights. In the absence of an effective
system of administrative law, it is inconceivable to have a constitution which actually exists in
practical terms.25

One can therefore make a synthetic difference may be made by suggesting that
constitutional law is mainly concerned with the structure of the primary organs of government,
whereas administrative law is concerned with the work of official agencies in providing services
and in regulating the activities of citizens. Administrative law is directly affected by
constitutional structure of government because the administrative bodies are set up or established
by the function of the constitution itself.
2.2 The similarities between Administrative Law and Constitutional Law.

It is agreed that, there is a significant overlap between the two because there are similarities,
those similarities include the following.

Both Administrative law and Constitutional law are of common public law ancestry.
They are both about power and accountability, power of legislation and the accountability of
those vested with the authority of enactment and enforcement. 26 Administrative law and
constitutional law border on the distribution and exercise of power within the State, and the
relationship between the State and the individual.27

23
Of 1977 as amended from time to time
24
Of 1977 as amended from time to time
25
Katabaro, K., Draft Lectures on Administrative Law I, 2014/2015 as reviewed 2015/2016.
26
Malemi, E., Administrative Law, 3th Ed, Lagos: Princeton Publishing Company, 2008.
27
Timothy Fwa Yerima, “Nature, Functions & Scope of Administrative Law: An Overview” in T.F. Yerima & B.
Abegunde (Ed.), Essays on Administrative Law in Nigeria 8 (Ado Ekiti: Petoa Educational Publishers, 2006). 13 Ese
 Also, both operated with statutes, case laws, principles, and rules. For example,
Administrative law is operated by the statutes like Regional Administration Act.28 Similarly,
the implementation of both administrative law and constitutional law is made possible by the
same governmental/administrative structures.29 They differ from private law courses such as
contract, trust, land law and alike to the extent that the latter relate to relationships between
private individuals.30
Both are concerned with functions of the government and both are part of public law in
the modern state and the sources of both are the same and they are thus interrelated and
complementary to each other belonging to one and the same family.31

Both are the branches of public law. A telling demonstration in this case may be gathered
from the relationship between administrative law and constitutional law. Looking at the meaning
of each these two branches of public law, there do not seem to be a bright line of demarcation
between them. As an author observes, administrative law is part of constitutional law and all
concerns of administrative law are also concerning of constitutional law.32

3. 0 CONCLUSION.
The accident of A.V. Dicey’s erroneous appreciation of events or things led largely to the non-
recognition of administrative law. The effect of this was that whatever administrative issues that
could not be classified under constitutional law were treated as an adjunct of constitutional law.
Thus, the waters of constitutional law have always overrun that of administrative law.

REFERENCE.

The Constitution of the United Republic of Tanzania of 1977 as amended from time to time.

28
No.19 0f 1997
29
Timothy Fwa Yerima, “Nature, Functions & Scope of Administrative Law: An Overview” in T.F. Yerima & B.
Abegunde (Ed.), Essays on Administrative Law in Nigeria
30
(Ado Ekiti: Petoa Educational Publishers, 2006). 13 Ese Malemi, Administrative Law (Lagos: Princeton Publishing
Company, 3rd Edition, 2008).
31
Takwani, C. K., Lectures on Administrative Law, 3rd Edition, Delhi: Eastern Book Company, 2005, p.13.
32
Sathe, S. P., Administrative Law, 7th Edition, Wadhwa, Nagpur: Butterworth, 2004, p.7
STATUTES.

The Regional Administration Act, No.19 0f 1997

BOOKS

Dicey. A.V., Introduction to the Study of the Law of the Constitution, 8th edition, London:
MacMillan and Company, 1915.

Bradley A. W., Ewing K. D., Constitutional and Administrative Law. 1, Edition. Harlow,
London; New York; Ashford Coulour Press Ltd, Gosport. 2003.

Bernard Schwartz, Administrative Law 1, Toronto: Little, Brown & Co, 1976.

Phillips, H., Constitutional and Administrative Law, 1962.

Smith, S. D., & R. Brazier., Constitutional and Administrative Law, 6 Th Edition, United
Kingdom: Penguin Books, 1989.

Takwani, C. K., Administrative Law, 3rd Edition, Luck now Delhi: Eastern Book Co, 2006.

William F., Understanding Administrative Law, 1st Ed. 1986.

Fisher, L., & N. Devins., Political Dynamic of Constitution. 4th ed U.S.A: Thomson West. 2006.

Wade, H. W. & Forsyth, C.F., Administrative Law, 8th ed, Oxford University Press, 2000.

Ese Malemi, Administrative Law, Lagos: Princeton Publishing Company, 2008.

Sathe, S. P., Administrative Law, 7th Edition, Wadhwa, Nagpur: Butterworth, 2004.

OTHER SOURCES.

Timothy Fwa Yerima, “Nature, Functions & Scope of Administrative Law: An Overview” in
T.F. Yerima & B. Abegunde (Ed.), Essays on Administrative Law in Nigeria 8 (Ado Ekiti: Petoa
Educational Publishers, 2006.

Timothy Fwa Yerima, “Nature, Functions & Scope of Administrative Law: An Overview” in
T.F. Yerima & B. Abegunde (Ed.), Essays on Administrative Law in Nigeria
(Ado Ekiti: Petoa Educational Publishers, 2006). 13 Ese Malemi, Administrative Law (Lagos:
Princeton Publishing Company, 3rd Edition, 2008).

Ishwor Thapa., Administrative Law: Concept, Definition, Nature, Scope and Principle and its
Sources; Public Administration Campus, Tribhuvan University, Nepal.