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Constitutional and administrative law

The French Declaration of the Rights of Man and of the Citizen, whose principles still have constitutional value

Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights. A few, like the United Kingdom, have no such document. A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention. A case named Entick v Carrington illustrates a constitutional principle deriving from the common law. MrEnticks house was searched and ransacked by Sheriff Carrington. When MrEntick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the Earl of Halifax, was valid authority. However, there was no written statutory provision or court authority. The leading judge, Lord Camden, stated that,

The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole ... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment.

The fundamental constitutional principle, inspired by John Locke, holds that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law. Administrative law is the chief method for people to hold state bodies to account. People can apply for judicial review of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law. The first specialist administrative court was the ConseildÉtat set up in 1799, as Napoleon assumed power in France.

Constitutional and administrative law
Constitutional and administrative
laws govern the affairs of the state. Constitutional lawconcerns both the relationships between the executive, legislature and judiciary and the humanrights or civil liberties of individuals against the state. Most jurisdictions, like the United Statesand France, have a single codified
constitution, with a Bill of Rights. A few, like the UnitedKingdom, have no such document; in those jurisdictions the constitution is composed of statute,case law and convention.The fundamental constitutional
principle, inspired by John Locke, is that the individualcan do anything but that which is forbidden by law, and the state may do nothing but that whichis authorized by law.Administrative law is the chief method for people to hold state bodies to account. Peoplecan apply for judicial review of actions or decisions by local councils, public services orgovernment ministries, to ensure that they comply with the law. The first specialistadministrative court was the Conseil dEtat set up in 1799, as Napoleon assumed power in France.

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