Difference Between Public Law And International Law
1b. The common law system encompasses all laws within the English legal structure that has developed over time through judge-made case law system where legal principles are challenged through a judicial review. This sets …show more content…
Public law and private law cover different aspects of law. Public law involves the legal rights and obligations of state institutions such as constitutional law, administrative law and criminal law, whereas private law deals with affairs that are between private individuals and may include matters between persons, such as marriage, civil partnerships and probate as well as business matters where contractual disputes or liability occurs.
1d. Both civil law and criminal law include elements of the private and public law category. Civil law is concerned with private disputes between individuals and may include settlements, which compensates individuals where liability has occurred without any punishment taking place. Criminal law covers offences that are committed by an individual where prosecution and punishment of the wrongdoer is within the pubic interest.
2a. John Austin’s (1790 – 1859) command theory differentiates the system of rules that have been created by a formal recognised process. He separates the law from other rules and …show more content…
3. The United Kingdom’s Constitution is a set of necessary rules and established laws that show how the country is governed. The UK’s constitution is an unwritten document that is not sourced in any way. However, the Constitution is made up from a range of characteristics described by Barnett (2013, p. 3) as monarchial, supreme, largely unwritten and flexible.
Whist the UK’s constitution is largely unwritten, it has been formed by components that have aided a transition through to written documents. These include the Magna Carta 1215, the Union with Wales (1535 – 1542), the Bill of Rights 1689, the Union with Scotland in 1706, the Reform Act 1928, the European Communities Act 1972, and the Human Rights Act 1998. These acts, along with others, form the written element of the constitutional statutes within the constitutional framework. The statutes are produced by the supreme law making body to provide a secure foundation which stand alongside the unwritten parts of the