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Comparative Public Law, Module 1

Comparative public law examines the similarities and differences between legal systems across countries. It allows legal scholars to better understand their own system by viewing it through the lens of analogous laws in other nations. The historical foundations of public law can be traced back to Roman concepts of res publica. While legal systems vary based on national character, all recognize a basic distinction between public and private law. The four foundational disciplines of public law are constitutional law, financial law, administrative law, and rules of procedure. Comparative law uses both micro and macro comparisons to analyze legal systems dynamically on a global scale.

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Nipun Gupta
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786 views8 pages

Comparative Public Law, Module 1

Comparative public law examines the similarities and differences between legal systems across countries. It allows legal scholars to better understand their own system by viewing it through the lens of analogous laws in other nations. The historical foundations of public law can be traced back to Roman concepts of res publica. While legal systems vary based on national character, all recognize a basic distinction between public and private law. The four foundational disciplines of public law are constitutional law, financial law, administrative law, and rules of procedure. Comparative law uses both micro and macro comparisons to analyze legal systems dynamically on a global scale.

Uploaded by

Nipun Gupta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd

Comparative Public law

MODULE 1
CONCEPT OF PUBLIC LAW, ORIGIN,SYSTEM
ACROSS GLOBE

NO MATTER THE DIVERSITY OF LEGAL SYSTEMS,


ALL TAKE INTO ACCOUNT, IN ONE WAY OR
ANOTHER A NECESSARY DISTINCTION BETWEEN
PUBLIC AND PRIVATE LAW.

BASED ON NATIONAL CHARACTER


Comparative Public Law (CPL) is interchangeably
called Comparative Systems of Governance. Over and
above, it is a technique of looking one’s own law
through the mirror analogous laws of other countries.

According to Holland, “Comparative law collects,


tabulates the legal institutions of various countries,
and from the results thus prepared, the abstract
science of jurisprudence is enabled to set forth an
orderly view of the ideas and methods which have
been variously realized in actual systems.”
Salmond defines “Comparative jurisprudence as the study of the
resemblances and differences between different legal systems.”

Prof Gutteridge defines, "Comparative law is an unfortunate but


Generally Accepted label for the comparative method of legal
study and research which has come to be recognized as the best
means of promoting community of thought and interest between
the lawyers of different nations and as an invaluable auxiliary to
the development and Reform of our own and other system of law”
THE HISTORICAL BACKGROUND 

The Roman Foundation of Public Law – Res


Publica
PUBLIC LAW AND STATE
• The invention of the state completely changed
the law, because it revolutionized the exercise
of both private and public power.
• Domestic Public Law
• The System of Natural Liberty : Adam Smith
The Sovereign has 3 Duties
1) Protecting society from Violence
2) Protecting every individual from injustice
and oppression
3) Building public works and institutions.
Foundational four Disciplines of Public Law

1) Constitutional law
2) Financial Law
3) Administrative Law
4) Rules of Procedure
Nature and System Across Globe
DYNAMIC

There are two types of comparisons in


comparative law, which are as follows:
Micro comparison
Macro comparison

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