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Last Topic - Historical back ground of Constitutional & Administrative Law in Pakistan Constitution The Constitution of 1956 The Constitution of 1962 The.

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Presentation on theme: "Last Topic - Historical back ground of Constitutional & Administrative Law in Pakistan Constitution The Constitution of 1956 The Constitution of 1962 The."— Presentation transcript:

1 Last Topic - Historical back ground of Constitutional & Administrative Law in Pakistan Constitution The Constitution of 1956 The Constitution of 1962 The Constitution of Islamic Republic of Pakistan 1973 Historical back ground of Administrative Laws in Pakistan The Administrative PAKISTAN OMBUDSMAN SCHEMES Wafaqi Mohtasib Federal Service Tribunal The Federal Ministerial Structure Acquiring Administrative Laws

2 Differences between Constitutional & Administrative Law Constitutional law and administrative law both are concerned with functions of government, both are a part of public law in the modern state and the sources of the both are the same – THE PUBLIC

3 Differences between ….. The administrative law is an addition of the constitutional law

4 Differences between ….. To the early English writers on administrative law there was no difference between administrative law and constitutional law

5 Differences between ….. Keith observed: “It is logically impossible to distinguish administrative from constitutional law and all attempts to do so are artificial”

6 Differences between ….. Infact the distinction between the two is one of degree, convenience and custom rather than that of logic and principle

7 Differences between ….. The structure of the legislature and executive comes within the purview of the constitutional law but there functioning comes within the specialty of administrative law

8 Differences between ….. Constitutional law deals with fundamentals while Administrative law deals with details

9 Differences between ….. Constitutional Law deals with the rights and Administrative Law lays emphasis on public need

10 Differences between ….. A student of administrative law is not concerned with how a minister is appointed but only with how a minister discharges his functions in relation to an individual or a group

11 Differences between ….. Professor Jennings’ formulation also leaves many aspects of administrative law untouched, especially the control mechanism

12 Differences between ….. The correct position seems to be that if one draws two circles of administrative law and a constitutional law, a certain place they may overlap and this area may be termed as ‘watershed’ in administrative law

13 Differences between ….. In Pakistan the source of constitutional law is the Parliament while the source of administrative law may be statutes, statutory instruments, precedents and custom

14 Differences between ….. Constitutional Law It is the supreme and highest law of the country. No law can be regarded above the law of constitution of Pakistan Administrative Law It is not the supreme law of the country rather it is subordinate to the constitutional law

15 Differences between ….. Constitutional Law The constructional law is always regarded as the class. It is the main law Administrative Law Administrative law is the species of Constitution law.

16 Differences between ….. Constitutional Law This law mainly deals with various organs of a state. Administrative Law It deals with the organs of the state as movement.

17 Differences between ….. Constitutional Law It mainly deals with the structure of the state. Administrative Law It mainly deals with the various functions of the state.

18 Differences between ….. Constitutional Law It touches all the branches of law and gives guidelines with regard to the general principal relating to organization and powers of organs of the state, and their relations between citizens and towards the state. Administrative Law It doesn't deal with all branches of law, rather it details with the powers and functions of administrative authorities.

19 Differences between ….. Constitutional Law It also gives guidelines about the intentional relations. Administrative Law It does not deal with the international law. It deals exclusively with the powers and functions of administrative authorities.

20 Differences between ….. Constitutional Law It deals with the general principal of state pertaining to all branches. Administrative Law It deals with the powers and functions of administrative authorities, including services, public departments, local authorities and other statutory bodies exercising administrative powers, quasi judicial powers, etc.

21 Differences between ….. Constitutional Law It distinguish the constitutional status of Ministers and public servants. Administrative Law It is concerned with the organization of the services or the working of the various government departments.

22 Differences between ….. Constitutional Law It imposes certain negative duties on administrators, if they are found violating the fundamental rights of the citizens and etc. It also imposes certain positive duties on administrators, viz, implementation of social welfare schemes. Administrative Law The administrators have to follow constitutional law first and next the administrative law.

23 Differences between ….. Constitutional Law The constitutional laws have complete control on the administrative law and administrators of the country Administrative Law The administrators should perform their functions with highest obedience to constitutional law. Administrative law is just a subordinate to constitutional law.

24 Next Topic - Fundamental Constitutional and administrative Concepts Sources of Governmental Power Parliamentary Legislation Delegated Legislation


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