Branches of Public Law

The Public Law is the branch of the right positive that deals with the legal systems in relation to public power and its relations with individuals, organizations and himself, whenever representing the interests of the state. Within public law we can find different branches that we will detail below.

Branch of Public LawDefinition
Constitutional rightIt deals with the interpretation of the legal texts of the Constitution and other ordinances that are essential for the construction of the State.
Administrative lawIt is responsible for regulating the public administration and modulating the functioning and relations between the different bodies that make up the State.
Public international lawIt regulates the public administration and modulates the functioning and relations between the different bodies that make up the State.
Criminal lawIt studies the criminal phenomenon, the crime, the offender and the penalty, from which its principles and legal norms will be deduced.
Procedural lawRegulate the set of norms, codes and forms of the judicial process.
Labor lawIt regulates work to be able to guarantee their dignity, legality and fair compensation, as well as the rights and duties of workers, employers, unions, among others.
Financial lawRegulate the processes related to public spending, to guarantee transparency and the good conduct of the State in relation to the use of public funds
Tax lawStudy taxes, tributes and other forms of tax collection, which the State uses to finance itself.
Electoral lawIt regulates the procedures related to the succession of power and the replacement of rulers at all levels and in all public powers.

What is Public Law?

ight Public is a part of the legal systems where their rules regarding public power and its relations with organizations, individuals and himself. This branch orders subordination and supra-ordination relations between the State and individuals, as well as between the different organisms that make up the public power.

The objective of Public Law is to regulate the links established between individuals and private entities with public bodies, provided that they act under the protection of legitimate public powers and according to what the law establishes. They have this right to achieve the maintenance of social order, the harmony of the community and peace, that is, to achieve a peaceful coexistence among their individuals in order to preserve the interest of the majority, which is known as the common good.

For this objective to be achieved effectively, it is important and necessary that there is a rule of law , the set of rules agreed by the individuals of society so that harmony and reasonable coexistence is achieved. This implies that public law is part of the legal system built by companies to govern their own operation and to which they choose to submit.

While public law can vary by country governing, there are two principles general guiding:

-Principle of legality: This principle determines that any action of the public powers must be compulsorily exposed in the current legal order, this means that it must have legal certainty.

-Principle of empire: This principle establishes that any relationship between the State and individuals is carried out in conditions of inequality since the State has dominion power that it exercises as public authority, the State is the authority.

Branches of Public Law

Within Public Law we can find different branches that specialize in specific topics.

-Constitutional law: It is the branch of public law that deals with the interpretation of the legal texts of the Constitution and other ordinances that are essential for the construction of the State. The objective of this branch is to analyze the set of sources, principles and laws that govern the country’s legal system, in addition to maintaining the rule of law and the laws that are fundamental for the human being.

-Administrative law: It is the branch of public law that deals with regulating the public administration and modulating the operation and relations between the different bodies that make up the State. It studies the organization, duties and functions of the State and its institutions, mainly the powers of the executive branch. The objective of this branch of law is to guarantee the efficiency of public administration.

-Public international law: It is the branch of law that deals with relations between the different States / Nations of the world. Regulates joint plans, economic agreements and exchanges, border disputes, among others.

– Criminal Law : Criminal law is responsible for studying the criminal phenomenon, the crime, the offender and the penalty, from which its principles and legal norms will be deduced. It is the capacity of the state to punish those who violate the law and to exercise coercion over the citizens among whom it prevails. The objective of this branch of law is to punish crimes, through the application of penalties, in order to protect society from criminals.

– Procedural law: This branch of law is responsible for regulating the set of rules, codes and forms of the judicial process. This implies that it orders and regulates the requirements, effects and methods in which the State administers justice.

Procedural law is divided into two main branches: the civil branch and the criminal branch. The civil procedural law is related to all disputes occurring in the context of society and need the fair decision of the State to be resolved without involving violations of the law. On the other hand, the criminal procedural law deals with the delivery of justice when laws have been violated and an action of justice is necessary to apply a punishment or carry out a reparation.

-Labor law : labor law is responsible for regulating work in order to guarantee its dignity, legality and fair compensation, as well as the rights and duties of workers, employers, unions, among others.

-Financial law : It is the branch of law that is responsible for regulating the processes related to public spending, to guarantee transparency and the good conduct of the State in relation to the use of public funds. This right studies and regulates the financial activity of the State, that is to say, the set of activities that allow obtaining capital income and making expenses in order to satisfy collective needs (such as public services), through the operation of the different agencies public that exist.

-Tax Law: It is the branch of law that studies taxes, tributes and other forms of tax collection, which the State uses to finance itself. The set of legal norms are related to the establishment of taxes, that is, taxes, contributions, rights, etc., between individuals and the administration. It also regulates compliance or non-compliance with them, the informal or contentious procedures that may arise and the sanctions that have been established for their violation.

– Electoral law: Electoral law deals with regulating the procedures related to the succession of power and the replacement of rulers at all levels and in all public powers.

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