Public Rights and Private Rights

Pubic law is a theory of law governing the relationship between individuals (citizens, companies) and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law. This theory is at odds with the concept of constitutional law, which requires all laws to be specifically enabled, and thereby sub-divisions, of a constitution. Generally speaking, private law is the area of law in a society that affects 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 is void as against public policy. Example: Right to vote, Right to use public parks, etc. Private law is that part of a civil law legal system which is part of the just commune that involves relationships between individuals, such as the law of contracts or torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. Example: A contract entered into by two people gives rise to private rights to them.

In Brown v. Board of Education, Linda Brown, the plaintiff (brought about by her father, Oliver), contended that his daughter was not being protected under the Constitution. Since Brown was suing the Board of Education, this falls under constitutional law, but an administrative agency was sued for the violation. Linda had to walk several blocks to the school bus stop even though a closer whites-only school existed within a few blocks from her home. Brown’s parents believed that Linda’s 14th Amendment rights were violated when she was banned from a white school closer to home because of her race. The case was won because the U.S. Supreme Court declared segregation a violation of Brown’s constitutional rights. This falls under public law because

issues of segregation and discrimination affect society as a whole, not just this particular child.

Private law is different. Private law help citizens resolve issues between themselves.

In any Legal System the Juristic Principles are evolved in the context of rights and the law as command regulates the relationship between individuals and the also the relationship between individual and the government. Public Law is that part of law, which governs relationship between the State (government /government agencies) with its subject and also the relationship between individuals directly concerning the society. Private Law is concerned with the

relationship between individuals with one another or private relationships between citizens and companies that are not of public importance. It covers matters of pure status (marriage, divorce, kinship and so on); matters involving assets of some sort (property, succession, contracts); and commercial activities in the wider sense. In Common Law countries, judges play important role and follow the ‘Doctrine of Precedent’ on the other hand in Civil Law Systems, judges play the comparatively minor role of settling the dispute in front of them.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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