Law is commonly divided into private law and public law based on the nature of relationships it governs and the interests it protects. While private law deals with disputes between private parties, public law regulates the exercise of state power and protects public interest. The following discussion sets out clear differences between private law and public law, illustrated with examples.
- First, the nature of parties Private law governs disputes between private individuals or entities, such as two companies in a contract dispute, whereas public law involves the state or a public authority as a central party, such as a citizen challenging a government order.
- Second, the interest protected is different. Private law protects individual or personal interests, for example compensation for personal injury, while public law protects collective or societal interests, such as maintaining public order through criminal law.
- Third, the purpose of the law The purpose of private law is to resolve disputes and compensate the injured party, as in damages for breach of contract, whereas public law aims to regulate power and ensure lawful governance, as seen in constitutional review.
- Fourth, the role of the state is limited in private law to acting as an adjudicator, while in public law the state acts as a regulator, prosecutor, or respondent.
- Fifth, the nature of remedies Private law mainly provides compensatory remedies like damages, injunctions, or specific performance. Public law provides remedies such as writs, declarations, penalties, or punishment.
- Sixth, the source of obligation in private law arises from agreements or civil wrongs, such as contracts or negligence. In public law, obligations arise from statutes or constitutional provisions, such as tax laws or administrative rules.
- Seventh, the standard of liability is generally fault-based or strict in private law, for example negligence without due care. In public law, liability may be strict or absolute, such as statutory offences under criminal law.
- Eighth, the nature of proceedings Private law proceedings are usually initiated by the injured party, whereas public law proceedings may be initiated by the state or even by public-spirited individuals through public interest litigation.
- Ninth, the burden of proof in private law is usually on the balance of probabilities. In public law, particularly criminal law, the burden is proof beyond reasonable doubt.
- Tenth, the outcome of litigation In private law, the outcome usually benefits the individual claimant. In public law, the outcome may benefit society at large, such as striking down an unconstitutional law.
- Eleventh, the enforceability of rights under private law depends largely on individual action, such as filing a suit. In public law, enforcement may occur automatically through state machinery.
- Twelfth, the nature of sanctions is different. Private law imposes civil liability, such as payment of damages. Public law may impose criminal sanctions like imprisonment or fines.
- Thirteenth, the flexibility of rules is greater in private law, where parties may shape their rights by contract. Public law is rigid, as constitutional and statutory norms cannot be altered by agreement.
- Fourteenth, the forum for adjudication may differ. Private law disputes are generally heard in civil courts. Public law matters often fall within constitutional courts or special tribunals.
- Fifteenth, the concept of consent plays a significant role in private law, such as freely entering into contracts. In public law, consent is generally irrelevant, as laws bind citizens irrespective of agreement.
- Sixteenth, the focus of adjudication in private law is corrective justice, aiming to correct a private wrong. In public law, the focus is distributive or regulatory justice, aiming to maintain legal order.
- Seventeenth, the effect of judgments in private law is usually limited to the parties involved. In public law, judgments often have a wider precedential or policy impact.
- Eighteenth, the possibility of settlement is more common in private law, such as compromise in civil suits. Public law matters, especially criminal cases, are less amenable to settlement.
- Nineteenth, the time orientation Private law looks backward to remedy a past wrong. Public law often looks forward, preventing misuse of power and guiding future conduct.
- Twentieth, the underlying philosophy Private law is rooted in autonomy and individual responsibility, while public law is rooted in authority, accountability, and the rule of law.
Conclusion
Private law and public law differ across multiple dimensions—parties, purpose, remedies, procedures, and philosophy. Together, however, they form a coherent legal system: private law secures individual justice, while public law ensures that power is exercised lawfully and in the public interest.
