Public law is a theory of law governing the relationship between individuals (citizens, companies) and the state. As commonly used, individual refers to a Person or to any specific object in a collection Generally a company is a form of Business organization. The precise definition varies A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Under this theory, Constitutional law, administrative law and criminal law are sub-divisions of public law. Constitutional law is the study of foundational or basic Laws of nation states and other political organizations Administrative law is the body of Law that governs the activities of administrative agencies of Government. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential This theory is at odds with the concept of Constitutional law, which requires all law to be specifically enabled, and thereby sub-divisions, of a Constitution.
Generally speaking, private law is the area of law in a society that affects the relationships between individuals or groups without the intervention of the state or government. Private law (Civil law is that part of a Legal system that involves relationships between individuals In many cases the public/private law distinction is confounded by laws that regulate private relations while having been passed by legislative enactment. In some cases these public statutes are known as laws of public order, as private individuals do not have the right to break them and any attempt to circumvent such laws is void as against public policy.
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Areas of public law
- Constitutional law deals with the relationship between the state and individual, and the relationships between different branches of the state, such as the executive, the legislative and the judiciary. Constitutional law is the study of foundational or basic Laws of nation states and other political organizations In most legal systems, these relationships are specified within a written constitutional document. However, in the United Kingdom of Great Britain and Northern Ireland (UK), due to historical and political reasons there does not exist one supreme, entrenched written document. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The UK has an unwritten constitution—the constitution of this state is usually found in statutes, such as the Magna Carta (see Holt, J. Magna Carta ( Latin for Great Charter, literally " Great Paper " also called Magna Carta Libertatum ( Great Charter of Freedoms C. , Magna Carta, 2nd edition 1992), the Petition of Right, the Bill of Rights, The Act of Settlement 1700 and the Parliament Act 1911 and Parliament Act 1949. The Petition of Right 1628 was produced by the English Parliament in the run-up to the English Civil War. The Bill of Rights (or Declaration of Rights) is an act of the Parliament of England, with the Long title An Act Declaring the Rights and Liberties The Act of Settlement is an act of the Parliament of England, originally filed in 1700 and passed in 1701 to settle the succession to the English throne The Parliament Acts are two Acts of Parliament of the United Kingdom, passed in 1911 and 1949 that form part of the Constitution of the United The Parliament Acts are two Acts of Parliament of the United Kingdom, passed in 1911 and 1949 that form part of the Constitution of the United The constitution is also found in case-law, such as the historical decision in Entick v. Carrington (1765) 19 St Tr 1030, and the landmark decision of M v. Entick v Carrington ( 1765) 19 Howell's State Trials 1030 is a leading case in English law establishing the Civil liberties Year 1765 ( MDCCLXV) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Home Office (1994) 1 AC 377; (1992) QB 270. Year 1994 ( MCMXCIV) was a Common year starting on Saturday (link will display full 1994 Gregorian calendar) Year 1992 ( MCMXCII) was a Leap year starting on Wednesday (link will display full 1992 Gregorian calendar) Due to the lack of a written constitution, the idea of the legislative supremacy of Parliament and the rule of law play an important role in the constitution (see A. V. Dicey, The Law of the Constitution (ed. Albert Venn Dicey (February 4 1835 &ndash April 7 1922 was a British Jurist and constitutional theorist who wrote An Introduction to the Study of E. C. S. Wade), 10th edition, 1959). The year 1959 ( MCMLIX) was a Common year starting on Thursday (link will display full calendar of the Gregorian calendar. Despite all this, in reality, much of the constitution is a political phenomenon, rather than a legal one.
- Administrative law refers to the body of law which regulates bureaucratic managerial procedures and defines the powers of administrative agencies. Administrative law is the body of Law that governs the activities of administrative agencies of Government. These laws are enforced by the executive branch of a government rather than the judicial or legislative branches (if they are different in that particular jurisdiction). In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. For the government of parliamentary systems see Executive (government. In Law, the judiciary or judicial system is the system of Courts which administer Justice in the name of the sovereign or State A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation This body of law regulates international trade, manufacturing, pollution, taxation, and the like. International trade is exchange of Capital, Goods, and Services across International borders or Territories. Manufacturing (from Latin manu factura, "making by hand" is the use of tools and labor to make things for use or sale Pollution is the introduction of contaminants into an environment that causes instability disorder harm or discomfort to the physical systems or living organisms they are in This is sometimes seen as a subcategory of Civil law and sometimes seen as public law as it deals with regulation and public institutions. Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which
- Criminal law involves the state imposing sanctions for crimes committed by individuals so that society can achieve justice and a peaceable social order. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Social order is a concept used in sociology history and other social sciences This differs from Civil law in that civil actions are disputes between two parties that are not of significant public concern. Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which
By country
Public/private law distinction in Canada
In the English provinces of Canada, the term private law is also known called English Common law, or just common law. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive These are judge-made laws. Public law is that law which is passed by either the provincial legislatures or by the federal Parliament. In Quebec private law is basically the civil code of Quebec, considered to be the primary source of private law. These laws are interpreted by judges but within the ambit of the codal provisions that have been enunciated by the legislators.
In the United States
Public/private law distinction
As most U. S. states share a heritage with English law, the private law of the United States is generally called the common law (as it is in other Anglo-American common law jurisdictions). Some states, such as New York, have strong civil law influences, and have enacted laws relating to obligations such as the General Obligations Law and the General Business Law. The distinction between the public and the private in law is often a hazy one. Many consumer protection laws are of a public law nature, which limits the ability of companies dealing with consumers to engage in transactions that fail to respect the rights of consumers. Consumer protection is a form of Government Regulation which protects the interests of Consumers For example a government may require businesses to disclose detailed Most laws that impose criminal penalties are considered to be public laws, as these are intended to protect all members of society and not just the areas of interaction covered by contract and tort. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties
Alternate usage
Acts of Congress are designated as either "Public Laws", relating to the general public, or "Private Laws", relating to specific individuals. Since 1957 all Acts of Congress have been designated as "Public Law X-Y" or "Private Law X-Y", where X is the number of the Congress and Y is a number sequentially assigned to each act. [1]
German-speaking countries
In German-language legal literature, there is an extensive discussion distinguishing public law from private law. The German language (de ''Deutsch'') is a West Germanic language and one of the world's major languages. A variety of theories have been used:
- Interest theory: Under this theory, going back to the Roman jurist Ulpian, public law governs legal matters that concern the public interest. The Roman Empire was the post-Republican phase of the ancient Roman civilization, characterised by an autocratic form of government and large territorial Domitius Ulpianus (died 228 anglicized as Ulpian, was a Roman Jurist of Tyrian ancestry The public interest refers to the "common well-being" or "general welfare This theory may be critiqued to the extent that issues of private law can affect the public interest.
- The Subjection theory focuses on explaining the distinction by emphasizing the subordination of private persons to the state: Public law is supposed to govern this relationship, whereas private law is considered to govern relationships where the parties involved meet on a level playing field. This theory fails in areas commonly considered private law which also imply subordination, e. g. in employment law between employer and employee. Labour law (also known as employment or labor law is the body of Laws administrative rulings and precedents which address the legal rights of and restrictions Employment is a Contract between two parties, one being the employer and the other being the employee. Employment is a Contract between two parties, one being the employer and the other being the employee.
- The Subject theory considers public law to regulate the conduct of public authorities. This theory arguably fails when the state engages in contracting (for example, when buying office supplies, where regular contract law applies).
- A combination of the subjection theory and the subject theory arguably provides a workable distinction: Under this approach, a field of law is considered public law where
- one actor is a public authority endowed with the power to act unilaterally (imperium); and
- this actor uses that imperium in the particular relationship.
Under the latter theory, both a contract of employment and situation such as the government buying office supplies are subject to private law. There are areas of law which are mixed under that definition, such as employment law, parts of which are public law (e. g. the activities of an employment inspectorate when investigating workplace safety etc. ) and parts of which are private law (e. g. the employment contract).
The differentiation is primarily an academic debate, important mainly for the deliniation between the competences of the court system and administrative authorities. A statute will normally include a section stating who is in charge of enforcement.
However, under the Austrian constitution the distinction is of some importance, as private law is among the exclusive compentences of federal legislation, whereas public law is partly a matter of state legislation. The Constitution of Austria ( Österreichische Bundesverfassung) is the body of all constitutional law of the Republic of Austria on the federal level. Austria is a federal republic made up of nine States, known in German as Länder (singular Land) As a practical result, the distinction is thus a matter of how the constitution is to be interpreted most accurately.
References
See also
Dictionary
public law
-noun
- (law) The law governing the relationship between the state on one hand and individuals (citizens, companies) on the other. Constitutional law, administrative law and criminal law are sub-divisions of public law.
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