Public law

Public law (also (according to Duden incorrectly written ) Public Law ) shall initially be part of the legal system, which regulates the relationship between the institutions of public power and individual private parties. In contrast, the private law governs the legal relationships between private parties. In addition, public law includes all legal matters relating to the organization and function of the State, such as complaints about traffic fines for misdemeanors or on the employment for civil servants.

Demarcation to private law

The definition of public law to private law is debatable, but with regard to the question of which legal action must be pursued in disputes practically necessary. Today, two different approaches to the definition are represented by public and private law - the ( ruling ) modified theory of the subject and the Subordinationstheorie:

After the so-called modified theory of the subject - even special theory of law or assignment theory called - is Public Law always given when the affected legal norm exclusively entitled or required a public authorities. Otherwise, there is private law. His theory can be applied preferred because of their practicality, but partly in (yet times ) Modification: There is criticism that the expression "solely " (in the sense of "only" ), is wrong, because often the obligation / permission of a sovereign support an authorization / obligation of another entity related. Instead, should be formulated " if the affected legal norm a carrier of governmental authority committed as such entitled or". At different results you get about in § 928 II BGB, which, although only entitles a public authority, but not as a public authority, but as an asset carrier and participants in the civil rights movement.

Hardly represented teachings are the Subordinationstheorie, hereafter a legal relationship is always under public law, if an overflow is given and subordination, while private law is characterized by a direct order relation. According to the theory of interest, which is derived from Roman law, the distinction was, in essence, whether the legal relationship and to promote the public interest or a private interest to its content.

Matters

Public law includes a variety of matters. Beyond the national level, it includes international law and European law, which carries a supranational character.

On the national level, it includes the entire state law, also known as constitutional law. It is divided into state organization, the organization, composition and competencies of the supreme organs regulates the basic rights that offer participation rights in the protection against government interference in individual liberties and to some extent, as well as the state church law, which governs the legal status of officially recognized religious communities.

In addition, public law includes general and special administrative law and the administrative procedural law. Finally, in addition, special matters of administrative law are still recognized as the social law and the tax law, which have undergone a certain amount of autonomy because of its size. Criminal law belongs, strictly speaking, public law, as it relates to the citizen -state relationship. But since it historically preceded by public law, it has always been understood as a discipline.

Subregions

Public law includes the following matters:

  • International law General international law ( law of contracts in international law, the responsibility of states, sovereign immunity, etc.)
  • Human Rights
  • Law of international organizations
  • International Economic Law ( international trade law, investment protection, etc.)
  • International Environmental Law
  • Law of the Sea
  • Space Law
  • International Humanitarian Law
  • International criminal law
  • European law
  • State and Constitutional Law State organization (structure of the state, its organs relations with each other, legislative procedure)
  • Fundamental rights ( rights of the citizen against the state, protection responsibilities of the State )
  • State Church Law ( State relationship - religious communities )
  • General administrative law Administrative procedural law
  • Administrative proceedings law
  • Administrative Enforcement Law
  • Public building law
  • Municipal Law
  • Civil Service Law ( as part of the public service law )
  • Police law
  • Environmental Law
  • Administrative law Commercial law
  • Antitrust
  • Subsidy law
  • Competition Law
  • Constitutional Procedural Law
  • Verwaltungsprozessrecht
  • Social Court Proceedings
  • Financial Court Proceedings
  • Criminal law
  • Civil Litigation
  • Working Judicial procedure
Lawsuit Contravention Admiralty law Supranational union Religious law Integrated Authority File
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