We explain what public law is and the branches of study that compose it. In addition, its difference with private law and examples.
A part of the legal systems whose norms concern public power and its relations with individuals, organizations and with itself is known as public law , provided that it is exercised as a representation of the interests of the State .
In other words, it is the branch of positive law that orders the relations of subordination and supra-ordination 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 written legislation (Constitution, Law, etc.) and in agreement and acceptance by the community in which it governs.
Therefore, public law is also part of the legal system built by societies to govern their own operation, and to which all of them choose to submit.
Public law can vary greatly according to the nation that governs, but in general it is governed by two guiding principles:
The branches of public law are usually the following:
The difference between public and private law dates back to the ancient years of Roman Law , when the need to discern between legal matters related to private individuals (Private Law) and those related to “Public Res,” that is, the Public “thing” of the State (Public Law).
Both branches are distinguished, therefore, in their scope of action : when dealing with 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 the social pact (public order, public funds, operation of the State, etc.) we will talk about public law.
Examples of public law are simple and abundant:
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