Public Law And Private Law

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INTRODUCTION – The subject of law encompasses a wide area and covers a variety of issues and agenda. For the convenience of readers and learners of this subject, it is classified into various categories. • Civil Law and Criminal Law • Public Law and Private Law • Substantive Law and Procedural Law • Municipal Law and International Law The classification between Public Law and Private Law is one of the most important classifications of law. Public Law in general terms has been defined as ‘the law of relations between the individual and state’. Holland lays down the simplest test to determine whether the case falls in public law or private law – If one of the parties is state, the case falls in the dimension of public law . However, with passing times and more complex issues arising, the scope of public law is going much beyond the normal definition of ‘state as one of the parties’. The scope of public law now also involves various other matters such as business regulation. Also, the scope of public law varies from state to state and system to system. While a socialist economy will see private law having a much stronger authority, this will not be the case in a capitalist or a mixed economy state. Major components of Public Law are - Constitutional Law - Administrative Law - Criminal Law Private Law, on the other hand, deals with disputes between parties other than the State. The rights violated under the ambit of the Private Law are the matter between the parties and
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