Definition of Public Law

The Public Law It is the section of the legal system that aims to regulate relations between individuals and private entities in relation to public institutions of the state. In this way, the Right Public is the set of rules and laws whose orientation is the defense of individuals and compliance with the general interest of society.

Objectives of Public Law and the Rule of Law

The purpose of Public Law is the maintenance of social order, community harmony and peace. In other words, its objective is to achieve a peaceful coexistence between individuals. In this way, it is a matter of preserving the interest of the majority, the well-known general interest or common good.

In order for the objective of Public Law to be achieved in an effective way, it is necessary that there be a State of Law. The rule of law is understood to be the set of rules agreed by individuals so that there is stability within society, that is, a reasonable and peaceful coexistence. This means that one cannot speak of Public Law outside of the Rule of Law.

Public right and private right

You have to remember that the Roman Law established a general distinction in Law: Public Law and Private right (Ius Publicum and Ius Privatum). The first focuses on ordering and regulating the relations of the state with individuals and the ties of individuals with the society in which they live. Private Law for the Romans is one that regulates relationships between individuals themselves. In summary, we could affirm that Public Law includes the norms by which society is organized. On the other hand, in this branch of Law the interest is centered on the role of the State (in Private Law the interest is oriented towards the individual). Public Law is imperative while private law is subject to the will of the people.

The fundamental areas of Public Law

There are two essential areas in Public Law: fundamental rights and the constitutional right. Regarding the first area, issues such as human dignity, the right to education or to health or social rights. In the field of constitutional law, the protection mechanisms established in the constitutional text of a nation (judicial mechanisms, how to sue before judicial bodies or popular actions to protect rights collectives).

There is also within Public Law the branch of Administrative law as an area that regulates a whole series of situations (responsibility medical, liability for damages to inmates, immigration laws, planning urban planning, public procurement, etc).

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