PUBLIC LAW. In general public law as contradistinguished from private law, which determines the status and relationships of per sons and property, may be defined as that branch of the law which deals with the organ ization of the state and the relations which sub sist between it and the individuals who c it, as well as its relations to other states. between public and private law was emphasized by the Roman jurists who taught that publicans jus est quod ad status; res Romano:, spectat, kris/alum quod singulorues utilitatens. It is equally recognized in the legal systems of continental Europe to-day and finds a place in their classification of the law. In England and the United States, however, while the distinction is recognized by the jurists, its importance has- never been emphasized to the same degree.
What are the characteristics of public law and how does it differ from private law? Lord Bacon, who dwelt upon the distinction, said public law was the of property,* while private law was the •sinews of government* In private law the state is the arbiter rather than a party; in public law it is both arbiter and a party. Private law determines the rules of conduct to be observed by individuals in their mutual relations; it defines their rights of per son and of property; it deals with such matters as the ownership, use and disposition of prop erty, contract, agency, partnership and business generally, the relations between husband and wife, parent and child, guardian and ward and the domestic relations generally, etc. Public law, as stated above, deals with the organiza tion, powers and rights of the state, including its relation to individuals subject to its juris diction and to other states. It may be con veniently subdivided into five branches: (1) constitutional law; (2) administrative law •, (3) criminal law; (4) criminal procedure, and (5) international law. Constitutional law contains the body of rules, written and unwritten, which determine in broad outline at least the organiza tion of the state. It usually deals with the organization, mode of selection and the powers of the chief organs of government, legislative, executive and judicial. It defines the suffrage, the relations, if any, between church and state, the relations between the state and its local subdivisions, etc. Administrative law is that part of public law which governs the relations of the executive and administrative authorities of the government to one another and to indi viduals; it defines the organization and deter mines the competence of the administrative authorities, and sets forth the remedies of the individual in case his rights are violated by the administrative authorities. On the continent of
Europe administrative law (Droit administrant in France; Verwaltungsrecht in Germany) is treated as a distinct branch of the law and is applied by a separate and distinct group of tri bunals known as administrative courts com posed in part of judges who are professionally trained or who are active administrative ex perts. In England and the United States, how ever, administrative law is not classified and treated as a separate branch of the law nor applied by a distinct set of tribunals; but this does not mean that administrative law has no existence in those countries. I1 only that no distinction is made between controversies and controversies betwt ,m private individuals; both alike being by the ordinary judicial tribunals and the of the individual being the same whether the issue is between private individuals or between an individual and the government The criminal law is usually classified as a branch of public law because it deals with of fenses against the state as the guardian of 'pub lic order and the protector of individual rights. By the law of every country a crime is regarded not as injury to the particular individual who may be the immediate victim but as an offense against the whole society and the stateprovides the machinery for its punishment. The law, therefore, which prescribes the punishment and organizes the machinery for the enforcement of the criminal law may very properly be re garded as a part of the public law. For the same reason the law which prescribes the rules of procedure by which the courts try offenses against the state is regarded as a branch of the public law.
Finally, international law, or the body of rules, whether conventional or customary, which regulates the conduct of independent states in their relations with one another is treated as a part of public law. See INTERNA TIONAL LAW.
The place of public law in the general classi fication of law and its relation to the other branches of the law may be seen from the fol lowing outline: