Public Law is the set of rules that discipline the interests of the State, either internally or in relation to private interests.
It is the legal system of a public nature and social character, which values the sovereignty of the State and the order of relations between society. It is the competence of Public Law to establish the subordination between the public and the private.
Public Law is dedicated to the regulation of state activities, the state's relations with individuals, and the actions of citizens themselves within the public sphere of society. And it defends the public interest, which is sovereign over the private interest.
See also the meaning of Right and Legal Order.
public law and private law
The division of law between public and private emerged in Roman law, and today it is practiced in didactic terms by the discipline of general theory of law to facilitate the understanding of these two spheres of action legal.
The difference between Public Law and Private Law is based on the nature of the interests. Legal interests of the State, or of individuals that concern some public element, are a matter of Public Law. What corresponds to interests between individuals are the object of Private Law.
The relations between the parties in Private Law are of equality, while in Public Law, the interests of the State override the interests of individuals.
In Public Law, norms are imperative to guarantee the defense of the State's interests. While in Private Law, they are dispositive and start to act in case there is no pre-established agreement between the private parties.
know more about Private right.
Branches of public law
- Constitutional right
- Administrative law
- Financial Law
- criminal law
- Social Security Law
- Tax law
- Electoral Law
- Labor law
- International right
- procedural law
See more about Administrative law.
public and private international law
O Public International Law acts on the interaction between nations, such as agreements and treaties between countries. Organizations such as the UN (United Nations) and the WTO (World Trade Organization) follow the norms of Public International Law.
O Private International Law it is also a form of Public Law, because disciplines laws and public norms about private relations between legal or natural persons in different countries, as there are differences between the laws from country to country. With public international law regulating a private situation, the interests and relationships of both sides are protected.