Difference between Public Law and Private Law

Public law regulates the relationship between individuals and the government, covering areas like national security and human rights. It oversees how government agencies interact with each other and with the public. Private law, on the other hand, governs relations between private parties, such as individuals and companies. It deals with issues like contracts, property rights, and family matters. While public law focuses on societal concerns, private law addresses individual disputes and interactions within the legal system. In summary, public law is about the government’s role in society, while private law deals with interactions between individuals and entities.

What is Public Law?

Public law governs the relationship between the people and the government. It is made up of rules that control how various government agencies interact with one another as well as how the government interacts with the general public and other private organizations. It is made up of administrative, criminal, and constitutional laws. Interactions between private parties, such as individuals and companies, and governmental bodies (such as government departments and municipal authorities) are governed by a body of laws known as Public law. Generally speaking, public law deals with issues that affect society as a whole. For example, when a bank is robbed, the neighborhood surrounding the bank is also impacted, in addition to the bank and its staff. For this reason, the goal of public law is to penalize lawbreakers  in order to discourage others from following suit.

Key Features of Public Law includes:

• Public law governs the relationship between the government and its citizens, regulating how government agencies interact and how the government interacts with the public and private organizations.
• It encompasses administrative, criminal, and constitutional laws, addressing issues that impact society as a whole rather than just individual parties.
• Public law deals with matters such as government regulations, constitutional rights, and criminal offenses committed against society.
• Its primary objective is to maintain order, protect public interests, and deter individuals or entities from engaging in actions that harm society.

What is Private Law?

Private law is the corpus of legislation that governs relations between private parties. Private law defines the duties and rights that apply to private enterprises and individuals when they interact with one another. It addresses several significant legal subjects, including contracts, property, equity, family law, and trusts. Individuals’ freedom to pursue their goals is safeguarded by private law. The parties can act freely in their separate capacities as private people in this circumstance due to their legal connections. Protecting the liberties and individual interests of the community’s residents is the aim of private law. Private law applies to any circumstance in which individuals interact within the framework of a legal system. This type of legislation thereby regulates the relationship between individuals and governments. Another name for this is “common law.” It addresses property and trust law, contract law, family law, tort law, and commercial law. For example, two frequent areas where private law is employed are organizations and employment. The behavior expectations established by an employer can take the form of regular policies like refraining from smoking in the workplace or fostering a hostile work environment, among others. The repercussions of violating these regulations range from an oral warning to termination from the organization.

Key Features of Private Law includes:

• Private law governs relations between private parties, defining rights and duties for individuals and private enterprises in their interactions.
• It encompasses various legal subjects including contracts, property, equity, family law, and trusts, safeguarding individuals’ freedom to pursue their goals.
• Private law aims to protect the liberties and individual interests of community members, regulating interactions within the legal system framework.
• Also known as “common law,” it addresses areas such as property and trust law, contract law, family law, tort law, and commercial law, with applications in organizational policies and employment regulations.

Difference between Public Law and Private Law

Basis	Public Law	Private Law
Meaning	Public Law deals with the relationship between individuals and the state, including matters such as constitutional law, administrative law, criminal law, and regulatory law.	Private Law governs the relationships between individuals, such as contracts, property, torts, and family law.
Governs	The connection between people and the government.	Human relationships, including those covered by the laws of contracts and torts.
Scope of Problem	Public law addresses matters like national security and human rights that are significant to society as a whole.	Individual-specific problems, including property disputes or contract discussions, are handled under private law.
Subdivisional Law	Administrative, criminal, and constitutional.	Corporation law, competition law, labor law, commercial law, and civil law.
Subject Matter	Protects the interest of general public.	Protects the interest of private group, individuals.
Penal Sanction	Penal sanctions in public law are more severe and strict and may attract criminal prosecution for acts against public policy.	Sanctions under private law are not as severe, they are mainly payment of damage or expression of apology.
Example	Administrative, criminal, international and constitutional.	Tort law, Property law, Internal rules and regulation.

Public Law and Private Law- FAQs

What is meant by Public Law?

The category of legislation that governs how public bodies behave is known as public law. Public law ought to ensure that public entities operate morally, intelligently, equitably, and with regard for the human rights of anyone they could be affecting.

What is the goal of Private Law?

Private law influences the rights and responsibilities of individuals, families, enterprises, and small organizations and serves to assist people in disputes regarding private matters. Contract law governs the rights and duties of individuals who engage in contracts; it is more limited in scope than public law.

What is the upholding of Private Law?

Under the framework of contract law, private commitments made between two parties are enforceable in court. The private law system allows people to enforce the law by suing those who breach it.

Is Private Law applicable to all people?

To defend the rights of an individual, family, or small group of individuals who have been injured by government policies or who are challenging an executive agency decision—like deportation, for example, private laws are established.

What category of law does Public Law fall under?

The field of public law governs the relationships between individuals who have a direct impact on society. These relationships include those between the government and legal entities, institutions operating within a state, and various branches of the government.