Public law refers to a set of essential principles, doctrines or theories designed to promote an orderly and just society that balances the needs of its citizens with those of the state. These foundational concepts rest on the idea that governments should be held accountable by their constituents and utilize their powers fairly.
Your studies have provided you with an introduction to several key concepts. Most important of all is the rule of law, which ensures that everyone is subject to law regardless of status and that government bodies should not abuse their power to favour one group over another.
Public law encompasses other concepts, such as separation of powers and equality of rights. Therefore, public law encompasses a much broader area than positive law – which refers to laws made by Parliament and enforced through courts.
In modern society, the separation of powers principle is of paramount importance. This principle ensures a distinct line should be drawn between different areas of state power so that regulations can be effectively applied. If too much authority is granted to one area, regulation will become much more challenging.
Constitutional law, on the other hand, sets out the legal principles governing the relationship between an individual and their state. This encompasses citizens’ rights and duties as well as those of public bodies.
Private law, on the other hand, deals with relationships between private parties and regulates their activities in their own right. Common topics in private law include contract, tort, land, company and employment law.
Theories have evolved to explain the difference between public and private law, such as subjection theory and interest theory. While these explanations can be helpful at times, they have often been criticized for being overly simplistic and failing to distinguish between private and public interests.
Some have suggested the distinction between private and public law is less distinct than commonly believed, and has instead been shaped by various factors like political negotiations and ideologies. This has led to an intertwining of both areas.
However, it is worth remembering that this is a highly complex issue and does not guarantee the eradication of public and private law.
It’s an invaluable distinction to have, as it provides you with a clear distinction between areas of the law influenced by state power and those not. This distinction will enable you to recognize when dealing with public law matters versus private law ones; additionally, it allows for distinguishing cases that have been referred to the court due to disputes (like judicial review cases) from those where there is no disagreement.
