Public Law — LLMpedia

Public Law
Name	Public Law
Caption	Scales of justice at a courthouse
Discipline	Law
Subdiscipline	Constitutional law; Administrative law; Criminal law; International law
Related	United States Constitution; Magna Carta; Universal Declaration of Human Rights

Contents

Public Law Public Law governs the legal relationships between states, public authorities, and society, tracing roots to documents like the Magna Carta and developments such as the French Revolution and the drafting of the United States Constitution. It intersects with landmark instruments including the Treaty of Westphalia, the Geneva Conventions, and the United Nations Charter, shaping institutions like the Supreme Court of the United States, the European Court of Human Rights, and the International Court of Justice.

Definition and scope

Public Law covers areas codified in constitutions, statutes, and international treaties, reflecting principles asserted in texts such as the Bill of Rights 1689, the Canadian Charter of Rights and Freedoms, and the German Basic Law. It addresses relationships regulated by bodies including the United Kingdom Parliament, the United States Congress, the European Commission, the Council of the European Union, and the World Health Organization. Key episodes influencing scope include the Glorious Revolution, the American Revolution, the Napoleonic Code, and decisions like Brown v. Board of Education and R (on the application of Miller) v Secretary of State for Exiting the European Union. Doctrinal expansion owes much to jurists and theorists such as John Locke, Jean-Jacques Rousseau, Hans Kelsen, A.V. Dicey, and Ronald Dworkin.

Constitutional law comprises written texts like the Constitution of India, the Constitution of Japan, and the Constitution of South Africa and landmark cases such as Marbury v. Madison, Roe v. Wade, and Aharon Barak-influenced rulings. It establishes separation of powers among branches exemplified by the United States Supreme Court, the House of Commons, the Bundestag, and the Knesset, and frames rights protections referenced in instruments like the European Convention on Human Rights, the African Charter on Human and Peoples' Rights, and the Inter-American Court of Human Rights. Constitutional review mechanisms appear in systems influenced by decisions such as Kelsen's 1921 Constitutional Court model, the Indian Basic Structure doctrine, and the U.S. doctrine of judicial review.

Administrative law governs regulatory action by agencies including the Food and Drug Administration, the Environmental Protection Agency, the Ofcom, and the Financial Conduct Authority. Judicial oversight is seen in courts like the Administrative Court (England and Wales), the Council of State (France), and the Federal Administrative Court of Germany, drawing on remedies established in cases such as Anisminic Ltd v Foreign Compensation Commission and statutory frameworks like the Administrative Procedure Act (United States). Administrative doctrines include standards from Carltona Ltd v Commissioners of Works and the Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. doctrine, with accountability promoted through institutions like Ombudsman offices in countries such as Sweden, New Zealand, and Canada.

Criminal law regulates offenses prosecuted by authorities such as the Crown Prosecution Service, the District Attorney's Office (United States), and the International Criminal Court. Historic prosecutions and instruments shaping practice include the Nuremberg Trials, the Rome Statute, and statutes like the Penal Code (France) and the Criminal Code (Canada). Doctrines of mens rea and actus reus developed through cases like R v. Cunningham and legislative reforms such as the Model Penal Code. Enforcement agencies include the Metropolitan Police Service, the FBI, the Deutsche Bundespolizei, and the Interpol network; procedures intersect with rights in texts such as the European Convention on Human Rights and protections affirmed in Miranda v. Arizona.

Public international law governs relations among states and international actors through treaties like the United Nations Convention on the Law of the Sea, the Paris Agreement, and the Treaty on the Non-Proliferation of Nuclear Weapons. Institutions include the United Nations General Assembly, the United Nations Security Council, the International Court of Justice, and specialized agencies such as the World Trade Organization, the International Monetary Fund, and the World Health Organization. Doctrinal developments trace to cases and events including The Paquete Habana, the South West Africa cases, the International Criminal Tribunal for the former Yugoslavia, and jurisprudence from the Permanent Court of Arbitration.

Core principles include sovereignty doctrines exemplified by Westphalian sovereignty, the rule of law articulated by A.V. Dicey and operationalized in jurisdictions via instruments like the Common Law and codifications such as the Napoleonic Code. Doctrines of proportionality and legitimate expectation emerge in rulings by the European Court of Justice, the European Court of Human Rights, and national apex courts including the Supreme Court of India. Human rights theory draws on texts and figures such as the Universal Declaration of Human Rights, Eleanor Roosevelt, Hannah Arendt, and the International Covenant on Civil and Political Rights. Separation of powers, federalism, subsidiarity, and accountability feature in constitutions like the Swiss Federal Constitution and decisions like United States v. Nixon.

Enforcement relies on courts including the Supreme Court of the United Kingdom, the High Court of Australia, and the Constitutional Court of South Africa, along with international bodies such as the International Criminal Court, the European Court of Human Rights, and tribunals like the Special Court for Sierra Leone. Oversight and remedy mechanisms include ombudsmen in Norway, parliamentary committees such as the United States House Committee on the Judiciary, anti-corruption agencies like Transparency International (as an NGO influencer) and national bodies such as the Serious Fraud Office (United Kingdom). Enforcement is supplemented by mechanisms like diplomatic protection in cases such as Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain), sanctions regimes voted by the United Nations Security Council, and compliance tools used by the World Bank and the International Monetary Fund.