Conceptual framework for correlation of constitutional and administrative law

Abstract

The article deals with issues of separation and cooperation of Constitutional and Administrative Law. On the basis of the Constitutional and Administrative correlation research conducted the recommendations on encouragement of efficient cooperation of such fields of the legal science and study disciplines have been developed.

Constitutional Law and Administrative Law are separate fields of law according to the predominant approach presented in the modern legal science. However, different criteria are used for the purposes of their separation and cooperation. It is concluded that Constitutional and Administrative Law have commonalities and differences. Both Constitutional Law and Administrative Law are fundamental fields of Public law; regulate social relations in the fields of executive power and public governance; based on common principles (e. g., rule of law, legality, separation of powers, etc.).

Based on the legislation of Ukraine and current scientific approaches it is summed up that Constitutional and Administrative Law can be separated, in particular, on the basis of such criteria as concretization/implementation, statics/dynamics, strategic/tactics, substantive/procedural character. Constitutional Law aims to stipulate the Fundamental Rights and Freedoms, defines the general framework of establishment and functioning of the public administration; meanwhile, Administrative Law aims to its specification and implementation. Constitutional Law primarily regulates static relations in the field of public administration activity (in particular, define the fundamental human rights and freedoms in the field of public administration activity, general framework of organization and activity of bodies of executive power and other subjects of public administration, etc.); Administrative Law regulates dynamic relations in the field of public administration activity (in particular, mechanisms of realization and protection of Human Rights, internal organizational activity of subjects of public administration, mechanisms of realization of their functions, tasks and responsibilities, etc.). Statics and dynamics of Constitutional and Administrative Law relatively also appear in fact that Constitutional Law is more stable, considering the stability of a constitution as one of its main features; meanwhile, Administrative

Law is more dynamic because of necessity of prompt reply to changes in state and society. To some extend Constitutional Law can be considered as strategic field of law, taking into consideration that the Constitution defines the legal road maps for the long prospective; meanwhile, Administrative Law prescribes the concrete mechanisms for their achievements. Thus, the majority of Constitutional Law norms are substantive norms; at the same time, Administrative Law mostly consists of procedural norms that integrated into substantive norms regarding public administration and regulation. It is suggested that the legal institute of a status of public administration to be considered as a mixed legal institute that exists at the confluence of Constitutional and Administrative Law.

It is stressed that the frames and logicality should be encouraged during teaching of study disciplines in Constitutional and Administrative Law. Administrative Law and Procedure should be taught upon completion of Constitutional Law and Procedure. Differences in Constitutional and Administrative Law have national peculiarities determined by the form of government, the content of the main law of a certain country, peculiarities of organization of the system of public administration, divergent character of Administrative Law etс. Therefore, the place of the border between Constitutional and Administrative Law in different countries may vary. It is emphasized that in frames of constitutional and public administration reforms that are currently in place in Ukraine, as well as European integration of our country the consolidated efforts of representatives of Constitutional and Administrative Law sciences are crucial for the development of scientifically proven designs of public administration organization and functioning, as well as mechanisms of realization and protection of human rights and freedoms.