PUBLIC LAW
What is public law?
Public law is the part of law that governs relations between legal
persons and a government, between different institutions within a
state, between different branches of governments, as well as
relationships between persons that are of direct concern to society.
Public law comprises constitutional law, administrative law, tax law
and criminal law, as well as all procedural law. Laws concerning
relationships between individuals belong to private law.
The relationships public law governs are asymmetric and
inequalized. Government bodies (central or local) can make
decisions about the rights of persons. However, as a consequence of
the rule-of-law doctrine, authorities may only act within the law
(secundum et intra legem). The government must obey the law. For
example, a citizen unhappy with a decision of an administrative
authority can ask a court for judicial review.
Brief history of public law
The notion of public law and was made for the
first time by the Romanian jurist Ulpian, in his
institutes.
He defines public law as the law on religious
affairs, the priesthood, and state offices.
It was, however, of great importance in
Teutonic society, as noted by the German legal
historian Otto, who defined the Teutons as the
fathers of public law.
For many years, public law occupied a marginal position in
continental European law. By and large, private law was
considered general law. Public law, on the other hand, was
considered to consist of exceptions to this general law. It was not
until the second half of the twentieth century that public law began
to play a prominent role in European society through the
constitutionalization of private law, as well as the development of
administrative law and various functional fields of law, including
labor law, medical law, and consumer law. Though this began to
blur the distinction between public and private law, it did not erode
the former. Instead, it elevated public law from its once marginal
state, with an acknowledgment that there are few, if any, areas of
the law that are free from potential State intervention.
Constitutional law
Areas of Administrative law
public law
Criminal law
Tax law
Constitutional law
Constitutional law refers to rights
carved out in the federal and state
constitutions. The majority of this
body of law has developed from
state and federal supreme court
rulings, which interpret their
respective constitutions and ensure
that the laws passed by the
legislature do not violate
constitutional limits.
Administrative law
ADMINISTRATIVE LAW GOVERNS CONFLICTING
RELATIONS BETWEEN PUBLIC AUTHORITIES OR
PRIVATE LEGAL PERSONS EXERCISING PUBLIC
POWER, SUCH AS THE PURSUIT OF A PUBLIC
INTEREST, ASSIMILATED TO PUBLIC
AUTHORITIES, ON THE ONE HAND, AND THOSE
HARMED IN THEIR LAW BY ADMINISTRATIVE
ACTS OF THOSE AUTHORITIES.
Criminal law
CRIMINAL LAW IS THE BODY OF LAW
THAT DEFINES CRIMINAL OFFENSES,
REGULATES THE APPREHENSION,
CHARGING, AND TRIAL OF SUSPECTED
PERSONS, AND FIXES PENALTIES AND
MODES OF TREATMENT APPLICABLE TO
CONVICTED OFFENDERS.
Tax law
TAX LAW OR REVENUE LAW IS AN AREA OF
LEGAL STUDY IN WHICH PUBLIC OR SANCTIONED
AUTHORITIES, SUCH AS FEDERAL, STATE AND
MUNICIPAL GOVERNMENTS (AS IN THE CASE OF
THE US) USE A BODY OF RULES AND
PROCEDURES (LAWS) TO ASSESS AND COLLECT
TAXES IN A LEGAL CONTEXT
International public law
Public international law has been defined as that body of binding rules of
from a legal point of view for states in their relations.
Characteristic of public international law is the absence of a higher authority
with legislative powers. The process of developing its rules is marked by
exclusive participation of States, which are at the same time beneficiaries of the
rules adopted
tits. Public international law thus appears as a right of coordination, in contrast
by the internal law of the states, also called the right of subordination
Control compliance with the rules of international law is
also the will of the states, even if which competence
belongs to courts specially created for this purpose. This
his makes the function of the court essentially related to
the consent of the states.
How to sanction a breach of the rules is perhaps the most
controversial of public international law, as it may call
into question the very existence of his tenure as right.
Specific features of public international law, in
particular its consensual nature makes it difficult to
introduce sanctions against any
violations. In fact, as has been pointed out in the
doctrine, the essence of law is more than conviction, of
the consciousness of his observance, than of compulsion.
However, there are also sanctions specific to international
law: for example, economic sanctions, but also military
sanctions, applied within the framework established by
the United Nations.
Conclusion
Public law is that part of law which governs relations
between individuals and state institutions, as well as
those interindividual relations which are in the public
interest. Public law is dominated, on the one hand,
by the pursuit of the general interest, which is the
exclusive purpose of the state and public authorities,
and, on the other, public law is an unequal right,
because the general interest must take precedence
over private interests. In public relations, the parties
act as unequally legally. One such party is always the
state or its body endowed with authority; In the field
of public law, relations are governed exclusively by a
single center, which has the power of the state. The
conduct of the parties in private law relations is
determined by the parties. However, in accordance
with the rule of law, the state must respect its own
laws and prevent arbitrage in making decisions.
