The statement highlights two significant trends in administrative law: the blurring of boundaries and a provocative question about its constitutional status.

Blurred Boundaries:

1. State and Society: Traditionally, the state was seen as distinct from society, with administrative law primarily regulating the direct actions of government agencies. However, modern governance involves extensive state intervention in areas previously considered private or societal. This includes regulating private entities (e.g., environmental protection, consumer safety), providing public services through private contractors (public-private partnerships), and influencing social behavior through various policies. Administrative law now extends its reach to these hybrid forms, blurring the line between public and private spheres.
2. Justice and Administration: The distinction between 'justice' (typically associated with courts and fundamental rights) and 'administration' (executive action) has also become increasingly indistinct. Administrative actions directly impact individual rights and liberties, necessitating judicial review to ensure fairness, legality, and adherence to constitutional principles. The rise of quasi-judicial bodies, tribunals, and alternative dispute resolution mechanisms within the administrative sphere further blurs this line, as these bodies perform functions akin to courts while being part of the executive apparatus.

Has Administrative Law Become More Constitutional Than the Constitution Itself?

This is a rhetorical and provocative question, as the Constitution is the supreme law of the land, from which all other laws, including administrative law, derive their authority. Administrative law cannot be 'more constitutional' in a hierarchical sense. However, the statement can be interpreted in a functional or practical sense:

Argument for 'More Constitutional' (Functionally):

1. Operationalizing Constitutional Values: Administrative law serves as the primary vehicle for operationalizing and enforcing constitutional values (such as the rule of law, natural justice, equality, and protection of fundamental rights) in the day-to-day functioning of the administrative state. While the Constitution lays down broad principles, administrative law provides the detailed mechanisms and procedures through which these principles are applied to specific administrative actions.
2. Direct Impact on Citizens: Most citizens' interactions with the state occur through administrative agencies. Administrative law, through judicial review and principles like proportionality, legitimate expectation, and non-arbitrariness, directly protects citizens from arbitrary or unlawful exercise of administrative power, thereby safeguarding their constitutional rights in practice.
3. Filling Gaps: The Constitution provides a framework, but administrative law often fills the gaps by developing specific doctrines and remedies to control administrative discretion and ensure accountability, which are essential for a constitutional democracy.
4. Dynamic Evolution: Administrative law is constantly evolving through judicial pronouncements and legislative changes to address new forms of administrative power and ensure that governance remains aligned with constitutional ideals in a changing society.

Argument Against (Clarifying the Statement):

1. Derivation of Authority: Administrative law derives its legitimacy and authority directly from the Constitution. It is a subordinate body of law that must conform to constitutional mandates.
2. Ultimate Limits: The Constitution sets the ultimate limits on administrative power and provides the foundational rights that administrative law seeks to protect. Any administrative law or action that violates the Constitution is void.
3. Framework vs. Detail: The Constitution provides the overarching framework and fundamental principles, while administrative law provides the detailed rules and procedures for governance within that framework.

Conclusion:

While administrative law cannot legally supersede the Constitution, the statement captures its immense practical significance. In the modern administrative state, administrative law has become the primary battleground where constitutional principles are tested, applied, and enforced in relation to executive action. It is through administrative law that the constitutional promise of limited government and protection of rights is largely realized for ordinary citizens. Therefore, it is 'more constitutional' in the sense that it is the active and dynamic instrument through which constitutionalism is maintained and developed in the daily life of the state, making it indispensable for ensuring that the government operates within the bounds set by the Constitution.