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Encyclopedia > Public law

Public law is the law governing the relationship between individuals (citizens, companies) and the state. Constitutional law, administrative law and criminal law are sub-divisions of public law. As commonly used, individual refers to a person or to any specific object in a collection. ... The word citizen may refer to: A person with a citizenship Citizen Watch Co. ... The term company may refer to a separate legal entity, as in English law, or may simply refer to a business, as is the common use in the United States. ... A state is a set of institutions that possess the authority to make the rules that govern the people in one or more societies, having internal and external sovereignty over a definite territory. ... Constitutional law is the study of foundational or basic laws of nation states and other political organizations. ... Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ...


Generally speaking, private law is the area of law in a society that effects the relationships between individuals or groups without the intervention of the state or government. 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 are void as against public policy.

Contents

Areas of public law

  • Constitutional Law deals with the relationship between the state and individual, and the relationships between different branches of the state, i.e. the executive, the legislative and the judiciary. In most legal systems, these relationships are specified within a written constitutional document. However, in the United Kingdom of Britain and Northern Ireland (UK), due to historical and political reasons there does not exist one supreme, entrenched written document. The U.K has an unwritten constitution- the constitution of this state is usually found in statutes, such as the Magna Carta (see Holt, J.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 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 Home Office [1994] 1 AC 377; [1992] QB 270. 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 Dicey, A.V., The Law of the Constitution (ed. E.C.S. Wade), 10th edition, 1959). Despite all this, in reality, much of the constitution is a political phenomenon, rather than a legal one.
  • Criminal law involves the state imposing sanctions for crimes committed by individuals so that society can achieve justice and a peaceable social order. This differs from civil law in that civil actions are disputes between two parties that are not of significant public concern.

Constitutional law is the study of foundational or basic laws of nation states and other political organizations. ... Magna Carta Magna Carta (Latin for Great Charter, literally Great Paper), also called Magna Carta Libertatum (Great Charter of Freedoms), is an English charter originally issued in 1215. ... Wikisource has original text related to this article: Petition of Right The Petition of Right is a document produced by the English Parliament in the run-up to the English Civil War. ... This article is about the general concept of a bill of rights. ... The Electress Sophia The Act of Settlement (12 & 13 Wm 3 c. ... In the United Kingdom, Parliament Act refers to each of two Acts of Parliament, passed in 1911 and 1949 respectively. ... In the United Kingdom, Parliament Act refers to each of two Acts of Parliament, passed in 1911 and 1949 respectively. ... Entick v. ... Albert Venn Dicey (February 4, 1835 – April 7, 1922) was a British jurist and constitutional theorist who wrote An Introduction to the Study of the Law of the Constitution (1885). ... Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. ... The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ... The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ... Chamber of the Estates-General, the Dutch legislature. ... International trade is the exchange of goods and services across international boundaries or territories. ... Manufacturing , a branch of industry, is the application of tools and a processing medium to the transformation of raw materials into finished goods for sale. ... It has been suggested that Pollutant be merged into this article or section. ... In the common law, civil law refers to the area of law governing relations between private individuals. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... Social order is a concept used in sociology, history and other social sciences. ... Civil law has at least three meanings. ...

By country

Public/Private law distinction in Canada

In the English provinces of Canada, the term private law is also known called Engish Common law, or just common law. 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. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


Public/Private law distinction in the United States

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. 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. Consumer protection is a form of government regulation which protects the interests of consumers. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Tort is a legal term that means a civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ...


German-speaking countries

In German-language legal literature, there is an extensive discussion distinguishing public law from private law. A variety of theories have been used: German (called Deutsch in German; in German the term germanisch is equivalent to English Germanic), is a member of the western group of Germanic languages and is one of the worlds major languages. ...

  • Interest theory: Under this theory, going back to the Roman jurist Ulpian, public law governs legal matters that concern the public interest. 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.
  • 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). Motto: Senatus Populusque Romanus (SPQR) The Roman Empire at its greatest extent, c. ... Domitius Ulpianus, Anglicized as Ulpian, (died 228) was a Roman jurist of Tyrian ancestry. ... Public interest is a term used to denote political movements and organizations that are in the public interest—supporting general public and civic causes, in opposition of private and corporate ones (particularistic goals). ... Employment law is the branch of the law that deals with employment related issues. ... 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 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. As a practical result, the distinction is thus a matter of how the constitution is to be interpreted most accurately. The Constitution of Austria or sterreichisches Bundes-Verfassungsgesetz (B-VG) is one of the chartas governing political life in the Republic of Austria. ... Since Austria is a federal republic according to the constitutional framework of Austrian politics, Austrias nine provinces are customarily referred to as States of Austria or Bundesländer, singular Bundesland. ...



Law - Portal
Legal subjects Constitutional and Administrative law | Criminal law | Contract | Tort | Property | Trusts and Equity
Public international law | Conflict of laws | Supranational law

Further disciplines Labour law | Human rights | Procedure | Evidence | Immigration law | Family law | Wills
Commercial law | Corporations law | Intellectual property | Unjust enrichment | Restitution
Tax law | Banking law | Competition law | Consumer protection | Environmental law

Legal systems Common law | Civil law | Religious law | Socialist law | Comparative law

Legal theory History of Law | Philosophy of law | Economic analysis of law | Sociology of law

Legal institutions Judiciary | Legislature | Executive | Military and Police | Bureaucracy | Legal profession | Civil society


Image File history File links Scale_of_justice. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Tort is a legal term that means a civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ... This article or section does not adequately cite its references or sources. ... This law-related article does not cite its references or sources. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... This article is in need of attention. ... Human rights law is a system of laws, both domestic and international which is intended to promote human rights. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... The law of evidence governs the use of testimony (e. ... Nationality law is the branch of a countrys legal system wherein legislation, custom and court precendent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... This does not adequately cite its references or sources. ... Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. ... Corporations law or corporate law is the law concerning the creation and regulation of corporations. ... For the 2006 film, see Intellectual Property (movie). ... The following analysis is based on English law. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ... Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. ... It has been suggested that this article or section be merged with antitrust. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... Environmental law is a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seeks to protect the natural environment which may be affected, impacted or endangered by human activities. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law or continental law is the predominant system of law in the world. ... In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... Socialist law is the official name of the legal system used in Communist states. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article is about law in society. ... ... Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ... Law and economics, or Economic analysis of law, is the term usually applied to an approach to legal theory that incorporates methods and ideas borrowed from the discipline of economics. ... An approach to law stressing the actual social effects of legal institutions, doctrines, and practices and vice versa. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... A legislature is a type of deliberative assembly with the power to adopt laws. ... The Politics series Politics Portal This box:      Bureaucracy is a concept in sociology and political science referring to the way that the administrative execution and enforcement of legal rules are socially organized. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... The Politics series Politics Portal This box:      Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that states political system) and commercial institutions. ...

See also


  Results from FactBites:
 
Public and Private Laws: Main (202 words)
Public and private laws are prepared and published by the Office of the Federal Register (OFR), National Archives and Records Administration (NARA).
The database for the current session of Congress is updated when the publication of a slip law is authorized by OFR.
Locate public and private laws in a local Federal depository library.
Public law - Wikipedia, the free encyclopedia (1033 words)
Public law is the law governing the relationship between individuals (citizens, companies) and the state.
Public law is that law which is passed by either the provincial legislatures or by the federal Parliament.
Most laws that have penal or criminal penalties are considered to be public law as these laws are intended to protect all members of society and not just the areas of interaction that are covered by contract and tort.
  More results at FactBites »

 
 

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