The rule of law is an appropriate structure with constitutional governance, as well as the rule of law in all areas of life. The legislative, executive and judicial branches are also divided here . In this case, a developed legal system is seen with broad democratic trends and equality. It also includes improved social policy control. The creation of this state system is a long process.
Demarcation
This state is characterized by a division of power into two large relevant branches. This is a public and private law. This is important. If we talk about public law, then in no case can it be separated from private. This is due to the fact that, despite the visible differences, the two industries have a very close relationship. In order to understand what exactly each branch represents separately, it is necessary to give the terms a clear definition. More on this in more detail.
Consider Private Law Initially
The signs characteristic of this definition are, first of all, decentralized regulation with the help of institutions, industries and relevant norms. Their main function is to correct relations between associations. One more feature should be highlighted. It consists in a method for regulating relationships within a given branch between subjects. In this case, we are talking about the civil law method. The main basis for this industry is the protection of the interests of individuals that arise in relationships with other personalities. In this case, the subject himself makes the appropriate decision regarding the need to use his rights. For example, it decides whether to conclude any contract with certain persons.
Now let's take a closer look at public law
This definition is also important. Public law is:
- Firstly, a specific block, on the basis of which an area is created where relevant interests are realized. Namely - the relationship between individual public authorities, as well as between the latter and private individuals. This also includes associations of individual entities.
- Secondly, public law is the regulation of legal relations between the parties exclusively from a single center. This is an important fact. Given that one of these parties is an official authorized by the country or government representatives.
- And thirdly, public law is the imperativeness of legal norms. They come from hierarchical sources.
Basically, the regulation of relations between subjects of public law is implemented using licensing methods, as well as the will of the authorities. They are participants in this type of relationship. It is these aspects that are included by lawyers in the concept of public law.
Tip
You should pay attention to one feature. It lies in the fact that the subjects of public law - this is without fail the state - on the one hand, and private individuals - on the other hand. It is important to know. But the subjects of private law are mostly individuals.
Interconnection
Now consider the relationship between these terms. Public law regulates the work of bodies that directly represent state power. These are law enforcement structures, courts, etc. Parliament also belongs to public law. Accordingly, the existence and fruitful functioning of the rules of private law cannot be imagined without a close relationship with the public. This is a reliable fact. After all, the main task of public law is to protect and protect precisely private. In addition, in this case, another nuance should be noted. It lies in the fact that in its implementation private law is always based on public law. This is due to the fact that it is the particular task that is assigned to the realization of the rights of a free person. That is, the subject of these relations implements those powers that he is vested with in any direction permitted by law. The main function of private law is the distribution and fixing of both material and other benefits. This is important. The rules of public law, as mentioned above, are completely different.
Signs of distinction
Having dealt with the definitions, we move on to the next question. These are the main criteria by which certain norms can be attributed to one or another legal branch. Consider this item in more detail.
In general, the criteria that define private law are completely opposite to those that will be described and discussed in this text below, and also directly relate to the public direction. This is understandable. The main features of private law, experts include the preservation of classical legal technology. If we talk about the form of regulation of the relevant relationship, then in this case the contractual is most often used. It should be noted that this branch is characterized by a predominance of dispositive norms. Moreover, the main emphasis in this case is on free will, economic freedom, as well as the protection of owners.
So, we pass to another definition. Public law includes the function of regulating the relevant relationships on the basis of legislative acts. They are published directly by government. In addition, it can be said that such features as ensuring the relevant interests, general and impersonal content of certain norms also apply to public law. Their impact is normatively oriented. However, norms prevailing in these respects that have a mandatory binding definition. They are designed for a hierarchical diagram of the relationships between the relevant entities. Competent lawyers also include public interest in this list. For this, the emphasis is usually placed on duties and prohibitions, as well as on the discretion. In addition to public law, there is also such a feature as the wide and multifaceted use of the latest technical techniques.
Delineating in accordance with the main aspects
If we consider the criteria according to which these norms can be attributed either to one or to another species, then we get approximately the following picture. We will divide them according to the following aspects:
- Subjects. Public law is the relationship between state bodies / state and private individuals. You need to know this. Private law is a relationship only between private individuals.
- The subject to which the relevant regulation is directed. For public law, this is a non-property relationship, for private law - property.
- Interests. For public law this is a state interest, for private law it is “tied” to the corresponding field.
- Methods of regulation. Public law is characterized by a method based on subordination. In private, on the contrary, the method of coordination.
Example
By systematizing the above information, you come to the corresponding conclusion. It lies in the fact that without exception, all branches of law can be divided into two categories. The first includes those rules in which public law prevails. The second is characterized by the presence of particular aspects.
Consider this division on the example of business law. In fact, this is a system of norms created to regulate commodity-money (or property) relations, as well as managerial relationships. This method of managerial relationships is imperative (while the method of regulating commodity-money relations is aimed at the actual equality of the parties to such relationships, which are entrepreneurs, and otherwise it is called dispositive). The imperative method provides for the presence of mandatory regulatory legal acts. They are of a managerial nature and extend their effect equally to both entrepreneurs and relevant bodies.
Availability of these definitions in the process industries
Everything is pretty simple here. If we talk about the procedural branches of law (for example, civil, criminal), then these norms are also characterized by the presence of these two methods. It usually happens that either the imperative or the dispositive method is more pronounced.
Total
In conclusion, it should be added that there are no normative legal norms in their pure form that can be unequivocally attributed to one or another of these branches. Elements of public law may be present in private sectors. It could also be the other way around. For example, the public law of the branch of family law is present in the form of the following elements: this is the judicial procedure for divorce, and the procedure for collecting child support. Also in this case, one more component is seen. It consists in the procedure of deprivation of parental rights.
Another striking example is the public law of the branch of law governing land relations. Everything is very clear here. For example, the procedure for land management, seizure, as well as allocation of territories, is determined exclusively by the state. And even a partial change in the approved plan is unacceptable. Thus, based on the above examples, it is quite simple to trace a clear relationship and a kind of symbiosis between public and private law.