| definition |
- A general classification of law, consisting generally of constitutional, administrative, criminal and international law, concerned with the organization of the state, the relations between the state and the people who compose it, the responsibilities of public officers to the state, to each other, and to private persons, and the relations of states to one other. The branch or department of law which is concerned with the state in its political or sovereign capacity, including constitutional and administrative law, and with the definition, regulation, and enforcement of rights in cases where the state is regarded as the subject of the right or object of the duty, - including criminal law and criminal procedure, - and the law of the state, considered in its quasi private personality, i.e., as capable of holding or exercising rights, or acquiring and dealing with property, in the character of an individual.
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| Abstract from DBPedia | Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and inequalized. Government bodies (central or local) can make decisions about the rights of persons. However, as a consequence of the rule-of-law doctrine, authorities may only act within the law (secundum et intra legem). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review. The distinction between public law and private law dates back to Roman law, where the Roman jurist Ulpian (c. 170 – 228) first noted it. It was later adopted to understand the legal systems both of countries that adhere to the civil-law tradition, and of those that adhere to common-law tradition. The borderline between public law and private law is not always clear. Law as a whole cannot neatly be divided into "law for the State" and "law for everyone else". As such, the distinction between public and private law is largely functional rather than factual, classifying laws according to which domain the activities, participants, and principal concerns involved best fit into. This has given rise to attempts to establish a theoretical understanding for the basis of public law.公法（こうほう、英語：public law、ドイツ語：öffentliches Recht）とは、私法に対置される概念であり、一般には、国家と国民の関係の規律および国家の規律を行う法を意味する用語として用いられる。 公法の定義に関する観念が未確定な部分があることから、どこまでを公法に含めるかという問題も、また確定的なものではない。最も狭い用法では、民事法と刑事法と対置されて、憲法と行政法のみを指す。これに租税法、財政法、社会保障法を独立の法分野として加える見解もある。さらには、国際法を公法に含める場合もある。 より広義には、刑法や訴訟法を含める場合もあり、私法と公法の二分論的に用いられる場合の公法はこの意味に理解される場合が多い。 最広義では、環境法のような私法との交錯領域も、公法に含める場合がある 。 (Source: http://dbpedia.org/resource/Public_law) |
