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I)Public Law

What do you mean by public law?


Public law is that part of law which governs relationships between individuals and the
government, and those relationships between individuals which are of direct concern to
society. Public law comprises constitutional law, administrative law, tax law and
criminal law, as well as all procedural law.
Public law is important because of the unequal relationship between the government
and the public. The government is the only body that can make decisions on the rights
of individuals and they must act within the law

1. Meaning and definition of Public Law


Definition of public law.
1 : a legislative enactment affecting the public at large.
2 : a branch of law concerned with regulating the relations of individuals with the
government and the organization and conduct of the government itself .

Concept of Public Law

2. Public Law – International Law, Constitutional Law and


Administrative Law

A) Public international law refers to those laws, rules, and principles of general
application that deal with the conduct of nation states and international organizations
among themselves as well as the relationships between nation states
and international organizations with natural and juridical persons. Ultimately, a
fundamental reason International Law is effective is because States perceive it to be in
their self-interest to have legal rules and to be perceived by other States as a law-
abiding member of the International Community. Hugo Grotius: The Father of the
Modern Science of International Law.
B) Administrative law is the body of law that governs the activities of administrative
agencies of government. Government agency action can include rule
making, adjudication, or the enforcement of a specific regulatory agenda. Administrative
law is considered a branch of law. Administrative law deals with the decision-making of
such administrative units of government as tribunals, boards or commissions that are
part of a national regulatory scheme in such areas as police law, international
trade, manufacturing, he environment, taxation, broadcasting, immigration and transport.
Administrative law expanded greatly during the twentieth century, as legislative bodies
worldwide created more government agencies to regulate the social, economic and
political spheres of human interaction. Civil law countries often have
specialized administrative courts that review these decisions.
C) Constitutional law is a body of law which defines the role, powers, and structure of different
entities within a state, namely, the executive, the parliament or legislature, and the judiciary;
as well as the basic rights of citizens and, in federal countries such as the United
States and Canada, the relationship between the central government and state, provincial,
or territorial governments. Not all nation states have codified constitutions, though all such
states have a jus commune, or law of the land, that may consist of a variety of imperative
and consensual rules. These may include customary law, conventions, statutory law, judge-
made law, or international rules and norms. Constitutional law deals with the fundamental
principles by which the government exercises its authority. In some instances, these
principles grant specific powers to the government, such as the power to tax and spend for
the welfare of the population. Other times, constitutional principles act to place limits on
what the government can do, such as prohibiting the arrest of an individual without sufficient
cause. In most nations, such as the United States, India, and Singapore, constitutional law
is based on the text of a document ratified at the time the nation came into being. Other
constitutions, notably that of the United Kingdom,[1][2] rely heavily on unwritten rules known
as constitutional conventions; their status within constitutional law varies, and the terms of
conventions are in some cases strongly contested

D) Distinction between Public Law and Private Law


Private law, on the other hand, affects individuals, families, businesses and small groups.
Public law and includes contract law, tort law, property law, succession law and family law

II) Concept of Constitution

1. Meaning and Idea of Constitution, Nature and objectives


2. Living Constitution
3. Organic Constitution
4. Constitution as Fundamental Law

III) Constitutionalism

1. Concept, Distinction between Constitution and Constitutionalism


2. Essential features of Constitutionalism -Written Constitution, Separation of
Powers, Fundamental Rights, Independence of Judiciary and Judicial Review

IV) Constitutional foundations of powers

1. Supremacy of Legislature in Law Making


2. Rule of law
a) Dicey's Concept of Rule of Law
b) Modern Concept of Rule of Law
c) Social and economic rights as part of rule of law
3. Separation of powers
a) Concept of Separation of Powers
b) Checks and Balances
c) Separation of Powers or Separation of Functions

V) Classification of Constitution
1. Federal and Unitary Forms
a) Features, Advantages and Disadvantages
b) Models of Federalism and Concept of Quasi-federalism
c) Role of Courts in Preserving Federalism
2. Parliamentary and Presidential Forms of Government
VI) Courts:
a) Writ Jurisdiction
b) Protecting public interests through litigation.
c) Locus standi and the nature of the judicial power.

VII) Judicial Review


a) Independence of Judiciary
b) Concept and Origin of Judicial Review
c) Limitations on Judicial Review
d) Judicial Accountability

VIII) Constitutional Amendments


a) Various Methods of Amendment
b) Limitations on Amending Power: Comparative Perspective
c) Theory of Basic Structure

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