Talk:Public law

More generally, perhaps wiki can get a legal research site together? Links? I'll probably add some to the discussion page as time goes by, but I feel I must be missing some or the www is not living up to it's potential. Wiki could fill an often desperate need on this critical area. Perhaps some working groups/pages to maximize the utility of health and law ...pages? The classical start would be to list previous best efforts/observations... WblakesxWblakesx

Common Law

the current version confuses two different distinctions: public law vs. private law and Common law vs statute or Roman law. English common law is one particular legal system, which includes both civil and criminal matters. In political science, the term "public law" is used only for the law (whether constitutional or statute) that constitutes or governs state authorities and agencies. Mikedelsol 11:17, 26 September 2006 (UTC)

publice law has so many different subs that it needs to be better communicated to the PUBLIC. sadly far too often the members of the public are ignorant to thier rights and so left in the dark to stumble along void of understanding to the law that ideally was created to protect them. if public law is the laws that govern the relationship between the public and the state yet only one party is aware then one can see where there in lines vase room for justice to be missed.

Agree with Miedelsol. "As most U.S. states share a heritage with English law, the private law of the United States is generally called the common law (as it is in other Anglo-American common law jurisdictions)." No, the common law is case law. Roe v Wade, for example. Bucketloads of it is private. Carbolic Smoke Ball? That's contract law, which is private. Public and common law are not the same. 78.144.131.106 (talk) 10:18, 26 August 2008 (UTC)

Removed as suggested. Littledogboy (talk) 15:26, 8 April 2013 (UTC)

Presumption of Innocence

the English presumption of innocence in a criminal trial, which is contrary to the French presumption of guilt is incorrect unless it is supposed to say perhaps something about the French legal system in the 18th or early 19th centuries.

Presumption_of_innocence#The_fundamental_right says:

In France, article 9 of the Declaration of the Rights of Man and of the Citizen, of constitutional value, says "Everyone is supposed innocent until having been declared guilty." and the preliminary article of the code of criminal procedure says "any suspected or prosecuted person is presumed to be innocent until their guilt has been established". The jurors' oath reiterates this assertion. --Espoo (talk) 22:29, 22 January 2009 (UTC)

Anyway, not within the scope of this article. Littledogboy (talk) 15:26, 8 April 2013 (UTC)

From Act to Public Law

How an Act becomes a Public Law ?. --Nopetro (talk) 12:35, 2 April 2009 (UTC)

A Public Act = a Public Law (a type of Act of Parliament/Congress in the UK/US). Not to be confused with Public law (an area of law covered in this article). Littledogboy (talk) 15:26, 8 April 2013 (UTC)

Canada

From what I understand, the delineation of responsibilities between the federal and provincial governments in Canada is that the private law is solely responsibility of the provinces, with one and a half exceptions (bankruptcy being purely federal and corporate law being an area of concurrent responsibility), while the public law (outside of provincial taxes, provincial administrative law, etc., etc., etc.) is the (pardon the pun) province of the federal government. (1) Am I wrong? (2) If I'm right, does anyone have a source for this? Lockesdonkey (talk) 03:40, 29 January 2016 (UTC)

You're wrong (sorry to be blunt). Public law emerges from all three levels of government, as it is the law behind relationships between individuals and the state. If a provincial legislature passes a law concerning education (which is solely a provincial matter), that law falls within the domain of public law. The same if parliament passes a law regarding defense (solely federal). As for the examples you mentioned. Bankruptcy: yes. Corporate law: no, it's governed by federal law but managed by the provinces. JapanOfGreenGables (talk) 09:48, 22 June 2020 (UTC)

How does the Magna Carta factor in for "Public law in civil law and common law jurisdictions"?

I am not a lawyer. I have no background in law. My understanding of common law and the Magna Carta is shakey at best. I'm utterly confused as to why the Magna Carta is so important that it gets a subheading link when it isn't even mentioned in the section otherwise. puggo (talk) 00:49, 26 April 2020 (UTC)

Changing redirect on wikipedia for public law?

When one searched "public law" on Wikipedia, it redirects to the page for Act of Congress rather than this page. Should this be corrected? I will also add this question to the talk page for Act of Congress.JapanOfGreenGables (talk) 04:23, 28 June 2020 (UTC)

I've just realized it only does this if both words are capitalized. If one searches "Public law," or "public law" it redirects to this page. JapanOfGreenGables (talk) 04:30, 28 June 2020 (UTC)

Question

Is the 3rd paragraph needed?...... Sorry if its obvious I'm still reading and trying to learn all this. ThorOdinsonThor (talk) 16:32, 14 October 2020 (UTC)

I donʻt think it is. Rights are not necessarily thought of in terms of the law (i.e human rights being inherent to human nature). I am thinking it should be removed, but will not do so right away in case there are any objections. JapanOfGreenGables (talk) 09:00, 25 June 2021 (UTC)