Public law is part of the law governing the relationship between individuals and governments, and the relationship between individuals of direct concern to the public. Public law consists of constitutional law, administrative law, tax law and criminal law, as well as all procedural laws. In public law, rules must apply. The law of interpersonal relationships belongs to private law.
Public governing public relations are asymmetric and unequal - government agencies (central or local) can make decisions about individual rights. However, as a consequence of the rule of law of doctrine, authority can only act in law (sec secumum et intra legem ). Governments must obey the law. For example, a citizen who is dissatisfied with the decision of an administrative authority may request a court for a review.
Rights, too, can be divided into privileges and public rights . The paragon of the public right is the right to welfare benefits - only natural persons can claim such payments, and they are granted through administrative decisions of the government budget.
The difference between public law and private law comes from Roman law. It has been taken in the civil law tradition states in the early nineteenth century, but has since spread to the common law countries as well.
The boundary line between public law and private law is not always clear in certain cases, giving rise to theoretical understanding of the base.
Video Public law
Public law in civil law and common law jurisdiction
The rule of law, the idea that state administration should be controlled by a set of laws, came from Ancient Greece and was revitalized by the modern French philosophers in Rousseau, Germany (Kant) and Austria in the 18th century. This is related to the central position of the central government in the era of enlightened absolutism, and inspired by the French Revolution and enlightenment. It was developed hand in hand with the creation of civil code and criminal code.
Maps Public law
Public legal area
Constitutional law
In modern countries, constitutional law lays out the fundamentals of the state. Above all, it postulates the rule of law in state function - the rule of law.
Second, establish the form of government - how the various branches work, how they are elected or appointed, and the sharing of power and responsibility among them. Traditionally, the basic elements of government are executive, legislative and judicial.
And thirdly, in describing what constitutes basic human rights, which should be protected for everyone, and what is the civil and political rights of the citizens further, it establishes the fundamental limits on what the government should and should not do.
In most jurisdictions, constitutional law is enshrined in a written document, the Constitution, sometimes in conjunction with amendments or other constitutional laws. However, in some countries, deep-rooted written documents do not exist for historical and political reasons - the Constitution of the United Kingdom is an unwritten one.
Administrative law
Legal administration refers to a legal entity that regulates bureaucratic managerial procedures and defines the power of administrative institutions. This law is enacted by the executive branch of government rather than the judicial or legislative branch (if they differ in certain jurisdictions). This legal entity regulates international trade, manufacturing, pollution, taxation, and the like. It is sometimes seen as a subcategory of civil law and is sometimes viewed as a public law because it deals with public rules and institutions
Criminal Law
Criminal Law involves countries imposing sanctions for certain crimes committed by individuals or businesses, so that people can attain a brand of justice and a peaceful social order. This differs from civil law in civil action which is a dispute between two parties which is not a significant public concern.
Theoretical differences between private and public law
In the German legal literature, there is an extensive discussion of the precise nature of the differences between public law and private law. Some theories have evolved, which are incomplete, nor are they mutually exclusive or separate from one another.
The theory of interest has been developed by the Roman lawyer Ulpian: " Publicum ius est, quod ad statum rei Romanae spectat, privatum quod ad singulorum utilitatem. (Public law is that, concerning the Roman state, private law is concerned with the interests of citizens.) The weak point of this theory is that many private law issues also affect the public interest. Also, what exactly is this public interest?
The subjection theory focuses on explaining differences by emphasizing the subordination of the individual to the state. Public law should regulate this relationship, whereas private law is considered to govern relationships in which the parties involved meet in a balanced playing field. This theory fails in areas that are generally regarded as private laws that also imply subordination, such as labor law. Also, the modern state knows the relationship in which it looks the same as someone.
The theoretical subject relates to the position of the legal subject in the relevant legal relationship. If it finds itself in a particular situation as a public person (due to membership in some public body, such as a state or municipality), public laws apply, otherwise it is a private law.
The combination of the theory of subjugation and the theory of subjects arguably makes a workable difference. Under this approach, the field of law is considered a public law in which one actor is a public authority blessed with the power to act unilaterally ( empire ) and this actor uses the empire in the relationship certain. In other words, it all depends on whether the public authority acts as a public or private entity, say when ordering office supplies. This new theory considers public law as a specific example.
There are areas of the law, which appear to be incompatible with public or private law, such as employment law - parts of it look like private law (employment contracts), other sections such as public law (inspectorate labor activities when investigating safety at work).
The difference between public and private law may appear to be purely academic debate, but it also affects the practice of law. This shows the delineation between different court competencies and administrative bodies. Under the Austrian constitution, for example, private law is one of the exclusive competencies of federal law, whereas public law is partly a matter of state law.
See also
- Social law
Note
Source of the article : Wikipedia
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