13 Facts About 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 consisted of the latter of these three relationships.

However, the claims made by monarchs, and later parliaments, to an unrestrained power to make Public law spurred attempts to establish a distinctly private sphere that would be free from encroaching State power in return.

Traditionally, the division between public and private law has been made in the context of the legal systems found in Continental Europe, whose laws all fall within the tradition of civil law.

Many years, public law occupied a marginal position in continental European law.

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Now, in countries such as France, public law now refers to the areas of constitutional law, administrative law, and criminal law.

Administrative Public law refers to the body of Public law that regulates bureaucratic managerial procedures and defines the powers of administrative agencies.

Tax law first became an area of public law during the 17th century, as a consequence of new theories of sovereignty that began to emerge.

Until this point, taxes were considered gifts under the Public law, given to the State by a private donor – the taxpayer.

Analytical and historical distinction between public and private law has emerged predominantly in the legal systems of continental Europe.

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.

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 and this actor uses that imperium in the particular relationship.

Under the Austrian constitution, for example, private law is among the exclusive competences of federal legislation, whereas public law is partly a matter of state legislation.