PUBLIC AND PRIVATE LAW

Where law ends,

there tyranny begins

William Pitt, Earl of Chatham (1770)

 LAW

1. NATIONAL LAW

2. INTERNATIONAL LAW
 1. NATIONAL LAW
(Law applied within a country)

a. PUBLIC LAW

B. PRIVATE LAW
 a. PUBLIC LAW
It governs the relationships
between individuals and the State.

-Constitutional
-Administrative
-Criminal
 a.1. CONSTITUTIONAL LAW
It defines the relationship of entities under
the authority of the executive, the legislative
and the judiciary

-Not all states have codified constitutions, It

is not true that the UK has an unwritten
constitution.
 a.1 CONSTITUTIONAL LAW

Human rights are part of the

Constitution
*John Locke- fundamental principle

Individuals can do everything except

what is forbidden by law.
The State cannot do anything except
what is authorised by the law.
 a. 2 Administrative Law

-regulatory law
-It controls how ministers of
state operate
a. 3 Criminal law (penal law)

The state prosecutes the offender

and administers punishment
 B. Private law
-Regulates relationships between
legal persons (individuals and
corporations).
* contract law, family law,
company law, employment and
property law.
NB criminal law is part of public
law.
2. INTERNATIONAL LAW

A. Public International Law

B. Private International Law
C,. Supranational Law
2. A PUBLIC INTERNATIONAL LAW
- Legal rules that govern the rights
and duties of states in relation to
each other

- treaty law, law at sea,

international criminal law,
international humanitarian or
human rights law.
2. A PUBLIC INTERNATIONAL LAW

* UN. World health organization,

the world intellectual property
organization, world trade
organization, the international
monetary fund
2. B Private international law
/*conflicts of law

-Rights and duties of private

individuals and businesses of
different states

-Where a case shall be heard,

which jurisdiction applies
 2. B Private international law
- Universalism> conflict of law
should be considered part of
international law, norms are
uniform universal and obligatory
for all
- Particularism/ every state should
have its own laws.
 2. C. Supranational law

Agreements in which laws of a

national state are not
applicable in case of conflict
with a supranational legal
framework
- EU