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Constitutional and Administrative Law

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WK 1 DB 1
1. Based upon the "rule of law" and its limits on public administrators, explain why a public administrator should not falsely conclude that they necessarily can alter human behavior merely by passing a law. Morality varies across and within societies and creates many commonalities that are essential to a functioning society.
2. Explain and provide examples on how society would function if it were bound by only natural law, or formal law, or truly entirely relativistic. Choose one and support your answer with examples or evidence.

WK 1 DB 2
1. For public administrators, analyze the possible benefits of a public administrator knowing how to research regulation. Determine which of your listed benefits is the strongest and state why.
2. Using the Marbury v. Madison, consider how difficult it is to sort out the facts and rulings of the case. Discuss the complexities of reviewing a full case and state how you can outline future cases presented in this class.

WK 2 DB 1
In Marbury v. Madison, describe and comment about both Jefferson's approach and Madison's logic, and weigh the options.
- Explain if Jefferson's approach could have worked.

- Discuss the significance of the case to the constitutional principles.
Analyze and discuss how the opinions in Griswold v. Connecticut reflect justices' views about the roles of the judiciary and the legislature.

WK 2 DB 2
1. Discuss the impact of Superior Court Justices who serve on the bench for decades. Do they reflect the prevailing norms better than elected legislatures? State why or why not.
2. The Constitution has always had several interpretations. Pick one amendment and provide an interpretation for and against that amendment.
3. Discuss how public administrators can juggle situations where two or more parties interpret the constitution differently.

WK 3 DB 1
1. Explain the significance of the Due Process and Equal Protection Clauses to the public community. Provide an example different from the textbook.
2. In Mathews v. Eldridge, take a position on whether or not the court was merely pulling back from the hearing requirement it has previously suggested whenever government benefits are at stake. Provide details or evidence to support your position.

WK 3 DB 2
1. In Grutter v. Bollinger, considering the 25-year notion, discuss whether equal protection really changes and whether or not the 2008 presidential election expedited this timeline.
2. Using the Brown v. Board of Education, discuss the significance of the case and state whether race can "count" without it being determinative. Support your position with examples or evidence.

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Solution Summary

The constitutional and administrative laws are examined.The response addresses the query posted in 1332 words with APA References

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The response addresses the query posted in 1332 words with APA References

//Constitutional and Administrative Law can termed as legal obligations and considerations implied over administrative bodies and common people for the purpose of administrating different perspectives of society. In this context to this, the presented section is directed to explore different perspectives of law and their implications in different case laws//.

WK1 DB1

The 'Rule of Law' implies, in general, that the law should rule. There is no specified definition for the rule of law, but the crux of it is that no single person must have innate power over anybody else. Accordingly, the public administrators must consider that the law should be fair and constitutional to everybody. There are multiple commonalities, which are essential to the society such as the basic human rights to education, security, and freedom. Hence, the public administrators must not try, at any time, to alter the human behavior by passing a law (Bingham, 2011).

Natural Law

The implication of natural law is moral, as well as legal, both of which are logically independent. The natural laws are objectively derived from the human nature but are simultaneously dependent on the legal norms as well. If the society were only bound by the natural law, it would be appropriate to punish the violators by unorganized individual violence (Finnis, 2011).

WK1 DB2

One of the most notable work objectives of a public administrator is to help the government in decision-making and subsequently, carrying them out efficiently. For such purpose, it is highly important for a public administrator to have a highly advanced set of research skills. Moreover, in order to take decisions, which are ethically correct, and do not violate the constitution, a public administrator must perform sufficient research so as to effectively weigh all the pros and cons before arriving at a decision.

The difficulties, which can be faced while reviewing the facts and rulings of the case, are that, firstly, the case can be misinterpreted as the key issues such as applicable laws or doctrines can be overlooked. A part of the challenge is to accurately identify the issue, which is of ultimate importance to the discussion. Often, it has been observed that, during the briefing of the case, if the crux statement of the judgment is stumbled upon, it does not necessarily signify ...

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Ashish Sharma, MBA (IP)
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  • BBA, University of Rajasthan
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