14 The Complex Relationship Between Administrative and Constitutional Law: A Comparative and Historical Analysis
Edited By: Sabino Cassese, Armin von Bogdandy, Peter Huber
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.