Public Law vs Private Law
Exam Snapshot
Public Law governs the State-individual relationship and government structure, while Private Law regulates relationships between private individuals. This classification is vital for understanding legal jurisdiction and scope. Remember the Roman origin (Ulpian) and modern overlaps.
Core Concept
- Public Law: Regulates the relationship between the State (or its organs) and individuals, and defines government powers. The State is a party exercising sovereign power.
- Private Law: Regulates relations between private persons. The State intervenes only as an adjudicator to resolve disputes, not as a primary party.
Nepal Law Anchors
- Constitution of Nepal 2072: Constitutional and Administrative laws (Public Law) define government structure and fundamental rights.
- Muluki Civil Code 2074: Governs private relations (Contract, Family, Property, Succession) - Private Law.
- Muluki Criminal Code 2074: Deals with offenses against society/State - Public Law.
Confusable Terms
| Concept | Public Law | Private Law |
|---|---|---|
| Parties | State vs Individual | Individual vs Individual |
| Focus | State structure, public interest | Personal affairs, private interest |
| Role of State | Party & Enforcer | Adjudicator (Judge) |
MCQ Traps
- State Role: Assuming the State is a party in Private Law disputes. (It is an adjudicator).
- Terminology: Ulpian is the source (Roman Law), not Greek.
- Classification: Distinguish this from 'Substantive vs Procedural' (which concerns content vs enforcement) and 'National vs International' (which concerns geography).
Example
- Public Law: A criminal case (State vs Individual for murder under Muluki Criminal Code).
- Private Law: A property dispute between two individuals (resolved under Muluki Civil Code).
Memory Hook
Think: "Public = Power (State)" and "Private = People (individuals)".
Quick Revision
- Public Law: State vs individual. Branches: Constitutional, Administrative, Criminal, Tax.
- Private Law: Individual vs individual. Branches: Contract, Tort, Property, Family.
- Origin: Roman Law (Ulpian).
- Nepal: Constitution/Criminal Code (Public); Civil Code (Private).
- Modern trend: Boundaries are blurring due to welfare state and human rights.