Public Law Definition: We explain what public law is and the branches of study that comprise it. We also explain its differences with private law and provide examples.
What is public law?
Public law is a group of legal systems whose norms concern public power and its relationships with individuals, organizations, and itself, provided that it is exercised as a representation of the interests of the State.
In other words, it is the branch of positive law that governs the relations of subordination and superordination between the State (represented by the Public Administration) and private individuals, as well as between the various bodies that comprise Public Power. Must Read About Social Equality Once.
Along with private law, it comprises the branch of positive law, that is, law contained in written legislation (Constitution, Law, etc.) and agreed upon and accepted by the community in which it governs.
Therefore, public law is also part of the legal system constructed by societies to govern their own functioning, and to which all societies choose to submit.
Public law can vary greatly depending on the nation it governs, but in general terms, it is governed by two guiding principles:
- Principle of legality: Establishes that all actions of public powers must necessarily be inscribed within the current legal order, that is, they must have legal certainty, in accordance with their jurisdiction and nature. In other words, the State cannot violate the laws.
- Principle of empire: Establishes that all relations between the State and individuals are exercised from a situation of inequality in which the former holds dominion (imperium), thus exercising public power. In other words, the State is the authority.
Branches of Public Law
The branches of public law are generally the following:
- Constitutional Law: The branch that concerns the interpretation of the legal texts of the Constitution and other written regulations that are fundamental to the construction of the State.
- Administrative Law: The branch that regulates public administration and modulates the functioning and relations between the various agencies that make up the State.
- Public International Law: Concerns the relations between the different nation-states of the planet: their joint plans, their economic agreements and exchanges, their border disputes, etc.
- Criminal Law: It concerns the punitive capacity of the State, that is, its ability to punish those who violate the law and to exercise coercion over the citizens over whom it prevails.
- Procedural Law: Regulates the mechanisms and procedures of the State regarding how it exercises its power, guaranteeing minimum rights and proportion at all times.
- Labor Law: The branch of law related to the legal framework that regulates work to guarantee its dignity, legality, and fair compensation, as well as the rights and duties of workers, employers, unions, etc.
- Financial Law: Regulates public spending processes to ensure transparency and proper conduct by the State in its use of public funds.
- Tax Law: Law related to taxes, levies, and other forms of tax collection, which the State uses for self-financing.
- Electoral Law: Regulates the procedures for succession to power and replacement of rulers at all levels, in any branch of government.
Difference between Public and Private Law
The difference between public and private law dates back to the ancient times of Roman Law, when the need arose to distinguish between legal matters related to individuals (Private Law) and those that pertain to the “Res Publica,” that is, the public “thing” of the State (Public Law).
Both branches are therefore distinguished by their scope of action: when dealing with matters involving individuals or even the State acting as one of them (commercial transactions, inheritance, private property, etc.), we will speak of private law; when dealing with the State and the rules of coexistence and the social pact (public order, public funds, functioning of the State, etc.), we will speak of public law. Must Read About Family Law Once.
Examples of Public Law
The examples of public law are simple and abundant:
- The conviction of a criminal who was captured by security forces (criminal law) and tried by an appropriate court (procedural law).
- The interpretation of the provisions of the National Constitution (constitutional law) to determine whether or not a presidential election was conducted correctly (electoral law).
- The review of international sovereignty treaties to mediate in a third country in conflict (public international law).
- Defending a worker whose rights have been violated (labor law).
