Jump to Content Jump to Main Navigation
The Max Planck Handbooks in European Public Law: Volume I: The Administrative State edited by Cassese, Sabino; von Bogdandy, Armin; Huber, Peter (8th June 2017)

14 The Complex Relationship Between Administrative and Constitutional Law: A Comparative and Historical Analysis

Luc Heuschling

From: The Max Planck Handbooks in European Public Law: Volume I: The Administrative State

Edited By: Sabino Cassese, Armin von Bogdandy, Peter Huber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 26 May 2019

This chapter analyses the position of ‘administrative law’ vis-à-vis ‘constitutional law’, and vice versa, from a comparative and historical perspective. Its primary aim is to get an exact view of how far the national legal systems in Europe converge, or diverge, with respect to the relationship between constitutional and administrative law. However, pleading the thesis of an Ius commune Europaeum (i.e., the existence of a common legal view in Europe) requires an in-depth analysis of all European countries, without excluding individual cases that do not fit into the mainstream (particularly the United Kingdom and Sweden). Only then can any thesis of unity amongst diversity be truly persuasive. In addition, the secondary aim of this chapter's investigation is to get a better theoretical understanding of administrative law in general.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.