- What is public law?
- Branches of public law
- Difference between public and private law
- Examples of public law
We explain what public law is and the branches of study that comprise it. Also, its difference from private law and examples.
What is public law?
A part of the legal systems whose norms concern public power and its relations with individuals is known as public right, the organizations and with himself, provided that this is exercised as a representation of the interests of the Condition.
In other words, it is the branch of positive law that orders the relations of subordination and superordination between the State (represented by the Public administration) and individuals, as well as between the different bodies that make up the Public Power.
Together with private law, it makes up the branch of positive law, that is, that which is contained in a legislation in writing (Constitution, Law, etc.) and in agreement and acceptance by the community in which it governs.
Therefore, public law is also part of the legal order constructed by the societies to govern its own functioning, and to which all of it chooses to submit.
Public law can vary enormously according to the nation that governs, but is generally governed by two guiding principles:
- Principle of legality. It establishes that any action of the public powers must necessarily be registered in the current legal order, that is, it must have legal certainty, according to its jurisdiction and nature. That is to say: the State cannot violate the laws.
- Principle of empire. It establishes that any relationship between the State and individuals is exercised from a situation of inequality in which the first has the domain (imperium) for which he will be exercising a public authority. That is to say: the State is the authority.
Branches of public law
The branches of public law are usually the following:
- Constitutional right. That branch that concerns the interpretation of the legal texts of the Constitution and other written ordinances that are fundamental in the construction of the State.
- Administrative law. That which regulates management public and modulates the functioning and relations between the various bodies that make up the State.
- Public international law. It 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 has to do with the punitive capacity of the State, that is, its capacity to punish those who violate the law and to exercise coercion on those who violate the law. citizens among those who prevail.
- Procedural law. It regulates the mechanisms and procedures of the State regarding the way in which it exercises its power, guaranteeing the minimum rights and the proportion at all times.
- Labor law. That branch linked to the legal framework that regulates work to guarantee its dignity, legality and just remuneration, as well as the rights and duties of workers, employers, unions, etc.
- Financial law. Regulates public spending processes, to guarantee transparency and good behavior of the State in its use of public funds.
- Tax law. The one that has to do with taxes, taxes and other forms of tax collection, which the State uses to finance itself.
- Electoral law. It is in charge of regulating the succession procedures of the can and replacement of rulers at all levels, in any of the public powers.
Difference between public and private law
The difference between public and private law dates back to the ancient years of the Roman Law, when the need to distinguish between legal matters related to individuals (Private Law) and those that concern the "Res Pública", that is, the public "thing" of the State (Public Law) was imposed.
Both branches are distinguished, therefore, in their scope of action: when it comes to matters that involve individuals or even the State acting as one of them (commercial operations, successions, private property, etc.) we will talk about private law; when it comes to the State and the rules of coexistence and of the social pact (public order, public funds, operation of the State, etc.) we will speak of public law.
Examples of public law
The public law examples are simple and abundant:
- The conviction of a criminal who was captured by the security organs (criminal law) and tried by an appropriate court (procedural law).
- The interpretation of what is established in the National Constitution (constitutional right) to determine whether or not a presidential election proceeded correctly (electoral law).
- The revision of international treaties on sovereignty to mediate in a third country in conflict (public international law).
- Defend a employee whose rights have been violated (labor law).