This sources of constitutional law pdf is about the area of law. The government must obey the law.
Austria in the 18th century. This differs from civil law in that civil actions are disputes between two parties that are not of significant public concern. In German-language legal literature, there is an extensive discussion on the precise nature of the distinction between public law and private law. Several theories have evolved, which are neither exhaustive, nor are they mutually exclusive or separate from each other. Publicum ius est, quod ad statum rei Romanae spectat, privatum quod ad singulorum utilitatem. Public law is that, which concerns Roman state, private law is concerned with the interests of citizens. The weak point of this theory is that many issues of private law also affect the public interest.
Also, what exactly is this public interest? Public law is supposed to govern this relationship, whereas private law is considered to govern relationships where the parties involved meet on a level playing field. Also, the modern state knows relationships in which it appears as equal to a person. In other words, all depends whether the public authority is acting as a public or a private entity, say when ordering office supplies.
This latest theory considers public law to be a special instance. The distinction between public and private law might seem to be a purely academic debate, but it also affects legal practice. It has bearing on the delineation between competences of different courts and administrative bodies. This page was last edited on 20 December 2017, at 13:54.