
The Library
Between fragmentation and unity : the uneasy relationship between global administrative law and global constitutionalism
Tools
Kuo, Ming-Sung (2009) Between fragmentation and unity : the uneasy relationship between global administrative law and global constitutionalism. San Diego International Law Journal, Vol.10 . pp. 439-467. ISSN 1539-7904.
![]()
|
PDF
WRAP_Kuo_Between_fragmentation_unity.pdf - Accepted Version - Requires a PDF viewer. Download (181Kb) |
|
![]() |
PDF (Author permission email)
Kuo_MS_Copyright_Confirmation.pdf - Supplemental Material Embargoed item. Restricted access to Repository staff only - Requires a PDF viewer. Download (55Kb) |
Official URL: http://www.sandiego.edu/law/news/blogs_publication...
Abstract
Administrative law and constitutional law, which together constitute what we call "public law," are closely related in many ways. For one thing, constitutional law refers to the body of the law that sets out the powers of public authorities by establishing the political system and stipulates the relationship between individuals and public authorities, while administrative law concerns "the ways in which the exercise of public power may be held to constitutional account." Thus, "it [is] difficult to distinguish the values and principles of constitutional and administrative law." However, this does not mean that administrative law is simply a synonym for constitutional law. Rather, constitutional law constitutes the "background theory" under which administrative law functions, and not the other way around. This is the reason why leading administrative law casebooks begin with the issues centering on how administrative law, or rather the administrative state, should be viewed through a constitutional lens. Put differently, constitutional law, as the reference point of the legal system, stands apart from administrative laws, setting the perimeters of values and principles for the latter to implement in the context of public administration. Taken together, constitutional law and administrative law are closely linked but stand as distinct sets of legal values in our traditional legal thinking.
Item Type: | Journal Article | ||||
---|---|---|---|---|---|
Subjects: | K Law [Moys] > KM Common Law, Public Law | ||||
Divisions: | Faculty of Social Sciences > School of Law | ||||
Library of Congress Subject Headings (LCSH): | Administrative law, Constitutional law, Public law | ||||
Journal or Publication Title: | San Diego International Law Journal | ||||
Publisher: | University of San Diego, School of Law | ||||
ISSN: | 1539-7904 | ||||
Official Date: | 2009 | ||||
Dates: |
|
||||
Volume: | Vol.10 | ||||
Page Range: | pp. 439-467 | ||||
Status: | Peer Reviewed | ||||
Access rights to Published version: | Restricted or Subscription Access | ||||
Date of first compliant deposit: | 1 August 2016 | ||||
Date of first compliant Open Access: | 1 August 2016 | ||||
Related URLs: |
Request changes or add full text files to a record
Repository staff actions (login required)
![]() |
View Item |
Downloads
Downloads per month over past year