Public Law Fundamentals

Study Notes

Public Law

Public law is a branch of law that governs the relationship between legal persons and the government, and the institutions within a state. It encompasses constitutional law, administrative law, tax law, criminal law, and all procedural law. The relationships governed by public law are asymmetric and unequal, with government bodies often making decisions about the rights of individuals. However, the rule-of-law doctrine ensures that authorities can only act within the law.

Constitutional Law

Constitutional law is a significant area of public law that governs the foundations of government, powers of government, and the rights of individuals in relation to government power. It is the framework upon which a legal system is built. In the United States, constitutional law is studied extensively for its impact on political science and understanding the basic features of the government.

Administrative Law

Administrative law governs the relationship between legal persons and administrative bodies. It outlines the powers and duties of these bodies, as well as the procedures for decision-making and appeals.

Tax Law

Tax law is a crucial part of public law that deals with the imposition, collection, and administration of taxes. It is essential for individuals and businesses to understand the tax laws and regulations in their jurisdiction.

Criminal Law

Criminal law is concerned with offenses against the state and the rights of other individuals. It outlines the elements of a crime, the defenses available to accused individuals, and the procedures for investigation, prosecution, and punishment.

Judicial Review

Judicial review is a process by which a court determines whether a public body has acted lawfully. It is an essential aspect of the constitutional settlement in the UK, providing a means for individuals to challenge the actions of public bodies.

The Rule of Law

The rule of law is a fundamental principle in public law. It requires that government bodies must act within the law, and individuals are subject to the same legal rules as the government. It ensures that no one is above the law, including government officials.

Common Law vs Civil Law

There are two main legal systems: common law and civil law. Common law is based on precedent, with decisions from higher courts binding lower courts. Civil law, on the other hand, is based on codified statutes and case law is only persuasive.

Conclusion

Public law is a complex and multifaceted area of law that governs the relationship between legal persons and the government. It encompasses various legal areas, including constitutional law, administrative law, tax law, and criminal law. Understanding public law is crucial for individuals and businesses to navigate the legal system and interact with government bodies.

Description

Learn about the branch of law that governs the relationship between legal persons and the government, including constitutional law, administrative law, tax law, and criminal law. Understand the rule of law, judicial review, and the differences between common law and civil law systems.