Constitutional law is law which govern about the state organization/institution for achieving the society goal. There are several scholars poin of view about concept of state:
- Nicollo Maciavelli: state is orderliness and absolute power.
- Jean Bodin: State is not absolute, sovereignty.
- Thomas Hobbes: have the concept of Homo Homini Lupus, contract theory.
In general, elements of state is categorize into three: people, territory and state goals. Government have division of task in which to run the governmental system within the state. Division of task is divided into two: horizontal and vertical task. Horizontal division mean that the task is consider as in the same level of position with other task such as the task of ministries, where as foreign ministry is in the same level as ministry of home affair and so on. Meanwhile vertical division is not in the same position, but its graded mention in hierarchy, such as president is not in the same level as ministries.
State forms can be seen into two ways:
a.) based on the head of state assignation: Descendant or Election.
b.) based on central government authority: centralization, deconcentration, decentralization.
Administrative law is law which govern the administration perspective, relationship between government and citizen that make state into function. Legal sources of administrative law is consider into two: material and formal.
Basic difference between Administrative law and Constitutional law is refer to two scholars point of view: Prof. Mr. WG Vegting and Van Vollenhoven.
- Prof. Mr. WG Vegting mention that Administrative law is the way to know (what) the state organization and apparatus, while Constitutional law is to know the technical implementation (how) of state management.
- Van Vollenhoven mention that Constitutional law govern the state institution and authority while Administrative law bind those institution govern how to use the authority which already given by Constitutional law.
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