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you are here: > Self > 22. LEX
| 22.9 | Public law |
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| In addition to defining the law of society according to various system types (civil, common, customary and religious), law is also sometimes defined by areas of its focus. |
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| Under this system, a distinction is often made between what is called “public law” and “private law” |
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| Public law is the law governing the relationship between individuals (citizens, companies) and the state. Constitutional law, administrative law and criminal law are sub-divisions of public law. |
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| Constitutional law |
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| Constitutional Law deals with the relationship between the state and individual, and the relationships between different branches of the state, i.e. the executive, the legislature and the judiciary. In most legal systems, these relationships are specified within a written constitutional document. |
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| Administrative law |
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| Administrative law refers to the body of law which regulates bureaucratic managerial procedures and is administered by the executive branch of a government; rather than the judicial or legislative branches (if they are different in that particular jurisdiction). |
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| This body of law regulates international trade, manufacturing, pollution, taxation, and the like. This is sometimes seen as a subcategory of Civil law and sometimes called public law as it deals with regulation and public institutions. |
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| Criminal law | ||
| Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. |
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| 22.9.1 | The benefit of the label “public” law |
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| The label public law serves a useful purpose in highlighting those areas of a societies legal system that focus on the greater society, rather than just the individual. It reminds us of those areas of priority and focus. |
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| 22.9.2 | The negatives of the label “public law” |
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| In recent years, the labels public and private law have become increasingly blurred with laws now encompassing both public and private elements. Strictly speaking, the labels have lost their effectiveness. |
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| As a result, their use, while a custom and tradition may not serve any long term benefit for law reform. |
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