The Transcend of Administrative Constitutionalism

  • Karthika S.D.
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  • Karthika S.D.

    Student at Christ University, Bengaluru, India

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The mere existence of the constitutional text does not mean the nations have implied inculcated the constitutional principles. The idea of constitutionalism is considered to be the spirit of abiding by the constitutional text of a particular country and limiting the powers of the governmental body to reduce any form of arbitrary act of power. Constitutionalism could also signify many different things. In the broadest sense, it can be described as "A body of thoughts, attitudes, and behavioral patterns that elaborate the idea that the power of government stems from and is constrained by a corpus of fundamental law." This principle or doctrine of constitutionalism has been integrated into different other ideas and sectors of a democratic country. In the United States of America , the last decade witnessed an ample number of scholarly texts regarding the concept of administrative constitutionalism. Similarly in India the concept has been in emergence through the idea of administrative adjudication. In order to govern in line with constitutional rules and norms, administrative agencies must shape, develop, and enforce such rules and norms. This process is referred to as administrative constitutionalism.Even though the supreme law of the country that is the constitution explicitly guarantees the decision making power in the country to the judiciary, the idea of administrative agencies decision making power in constitutional matters to be considered and bought under the ambit of constitutionality is a discussion amongst scholars. This paper will analyze the transcend of administrative constitutionalism into the two greatest constitutions of the world, and how a balance can be established between judicial decision making and administrative decision making.




International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 365 - 371


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