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Public Law

law governing the relationship between individuals (citizens, companies) and the state. Constitutional law, administrative law and criminal law are thus all sub-divisions of public law.

Generally speaking private law is the area of law in a society that effects the relationships between individuals or groups without the intervention of the state or government. In many cases the public/private law distinction is confounded by laws that regulate private relations while having been passed by legislative enactment. In some cases these public statutes are known as laws of public order, as private individuals do not have the right to break them and any attempt to circumvent such laws are void as against public policy.

Public/Private law distinction in Canada

In the English provinces of Canada, the term private law is also known called British Common law, or just common law. These are judge-made laws. Public law is that law which is passed by either the provincial legislatures or by the federal Parliament. In Quebec private law is basically the civil code of Quebec, considered to be the primary source of private law. These laws are interpreted by judges but within the ambit of the codal provisions that have been enunciated by the legislators.

Public/Private law distinction in the United States

As most U.S. states share a common heritage with English law the private law of the United State is generally called the common law as well as other Anglo-American common law jurisdictions. Some states, such as New York have strong civil law influences and have enacted laws relating to obligations such as the General Obligations Law and the General Business Law. These laws show how the distinction between the public and the private in law are often a hazy distinction. Many consumer protection laws are also of a public law nature, which limit the ability of companies dealing with consumers to engage in transactions with consumers that fail to respect the rights of consumers. Most laws that have penal or criminal penalties are considered to be public law as these laws are intended to protect all members of society and not just the areas of interaction that are covered by contract and tort.