Keith Mack
Public law is a vital part of the legal landscape, governing the relationships between legal persons and governments, institutions within a state, and branches of governments. It also governs relationships between persons that are of direct concern to society. The idea for a bill that becomes a public law can come from a sitting member of the US Senate or House of Representatives, or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee, then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body, and if it passes there, it is presented to the president. The president can approve the bill and sign it into law, or veto it. If the bill is vetoed, Congress can vote to override the veto and the bill becomes law. In the US, public laws are incorporated into the United States Code every six years.
| Characteristics | Values |
|---|---|
| Who can create public law? | In the US, public laws are most often passed by Congress. |
| In the UK, public laws can be created by the House of Representatives, the Senate, or be proposed during their election campaign. | |
| In Italy, many early public lawyers were also politicians. | |
| In the past, Roman jurists, Medieval jurists, and theologians played a role in shaping public law. |
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What You'll Learn
The US President
In the United States, public law is the part of law that governs relations and affairs between legal persons and the government, between different institutions within a state, between different branches of the government, and between persons that are of direct concern to society.
However, the President also has the power to refuse to approve a bill, which is called a veto. This allows the President to exert significant influence over the legislative process. If the President chooses to veto a bill, Congress can, in most cases, override that veto, and the bill becomes a law. Nevertheless, if the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, in what is known as a "pocket veto." This type of veto cannot be overridden by Congress.
Therefore, while the US President does not initiate the creation of public law by proposing bills, they play a pivotal role in the legislative process by having the power to approve or veto them. This power to veto grants the President significant influence over the shape and content of public law in the United States.
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Congress
The president has the power to approve or veto the bill. If the president approves, they sign it into law. If vetoed, Congress can vote to override the veto, and the bill becomes a law. However, if the president does not sign off on the bill and Congress goes out of session, the bill receives a pocket veto, which cannot be overridden.
When a statute is passed by Congress and signed into law by the president, it is assigned a public law number (e.g., Pub. L. 93-406). It is then published by date in the official Statutes at Large (Stat.). The law is organised by topic in the official United States Code (U.S.C.). The U.S.C. provides a citation to the public law that created the statute and subsequent citations for each public law that amends it. Westlaw and Lexis add annotations to the U.S.C. to produce unofficial versions with additional information.
Public laws can be accessed through various sources. The GPO website offers the official text of public laws, starting with the 104th Congress. Westlaw provides the print version of statutes passed by Congress. Lexis and Westlaw allow users to view a statute's history by typing its citation into the search box. Additionally, free online versions of the U.S.C. are available, providing the text of the statute, citations to relevant public laws, and explanations of amendments.
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US Senate or House of Representatives
In the United States, Congress is the law-making branch of the federal government. Congress consists of the Senate and the House of Representatives, which are the result of a "Great Compromise" seeking to balance the effects of popular majorities with the interests of the states. The two chambers are fundamentally equal in their legislative roles and functions, but there are some differences in how they operate.
The idea for a bill can come from a sitting member of either the Senate or the House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body, including research, discussion, changes, and voting.
There are some notable exceptions to the types of bills that can originate in each chamber. For example, all bills for raising revenue must originate in the House of Representatives, and only the House can initiate tax and revenue-related legislation. On the other hand, only the Senate can propose or concur with amendments to revenue bills, draft legislation related to presidential nominations and treaties, and confirm presidential nominations and approve treaties.
After a bill has been passed by both chambers, it is presented to the President to be signed into law. The President has the power to veto legislation, which can significantly affect the content of bills passed by Congress. Once a bill becomes law, it is assigned a public law number (e.g. Pub. L. 93-406) and published by date in the official Statutes at Large. It is then organized by topic in the official United States Code (U.S.C.), which provides a citation to the public law that created the statute.
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Citizen groups
Public hearings are a vital forum for citizen groups to make their voices heard. In larger units of government, where access to elected officials may be limited, public hearings provide an opportunity for citizens to engage directly with decision-makers. Local governments, such as in New York State, are often required to hold public hearings when their actions are expected to significantly impact citizens. These hearings allow citizen groups to provide input, share their perspectives, and influence the decision-making process.
Additionally, citizen groups can be appointed to advisory committees by local chief executives and legislative bodies. These committees provide ongoing or ad hoc advice on various matters, such as reapportionment, historical celebrations, and municipal planning. Citizen participation in these committees ensures that the needs and interests of the community are considered from the early stages of policy development.
Furthermore, citizen groups can utilise modern communication tools to engage with local governments and influence public policy. Many municipalities provide online platforms, such as municipal websites, email communications, and social media broadcasts, to facilitate citizen participation. These platforms enable citizen groups to access information, provide feedback, and engage in constructive dialogue with local officials, thereby contributing to the development of public law and policies that reflect the community's needs.
In conclusion, citizen groups have multiple avenues to influence public law and shape the legislative landscape. By actively participating in public hearings, serving on advisory committees, engaging in advocacy, and leveraging modern communication tools, citizen groups can ensure that their voices are heard and their interests are represented in the creation of public law.
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Medieval jurists
Medieval Roman law developed in parallel with canon law, the law of the Roman Catholic Church, which governed matters such as marriage. Canon law incorporated many concepts from Roman law, and medieval jurists increasingly turned their attention to feudal disputes and the legal solutions they required. Notable medieval jurists include Baldus de Ubaldis, who wrote civil law commentaries on the "Digest" and "Code", and canon law commentaries on the "Liber extra" and "Liber sextus". Baldus also wrote approximately 3,000 "consilia" (legal opinions), a number unmatched by any medieval contemporary.
The commentators of the 12th and early 13th centuries, known as "glossators", produced large-scale harmonisations and commentaries on the rediscovered Roman law texts. They developed new concepts by comparing and reflecting on different related texts, such as the concept of half-proof in the law of evidence. One notable glossator was Accursius, who compiled the most important commentaries made by glossators into a text known as the "Glossa Ordinaria" around 1220. Another glossator, Azo of Bologna, contributed to the development of Roman law as a "common law" (ius commune) that filled gaps where local laws were silent and supplied principles of interpretation for doubtful cases.
The postglossators of the 14th century, such as Bartolus de Saxoferato and Baldus de Ubaldis, further developed a more mature and deeper legal theory that was less closely tied to the ancient texts. This gave the law sufficient flexibility to incorporate new concepts, such as those found in Pedro de Santarém's (Santerna) treatise on insurance and merchants' bets, the first printed book on insurance, written in 1488 and published in 1552. Roman law had a wide influence on Western political theory and legal systems, forming the core of modern civil law systems in Europe and other countries.
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Frequently asked questions
Public law is created by government bodies, including central and local government. In the US, public law is created by Congress and the President. Congress proposes a bill, which is then voted on by the Senate and the House of Representatives. If the bill passes, it is presented to the President to be signed into law.
Public law governs the relationships between legal persons and the government, between institutions within a state, and between different branches of the government. It also governs relationships between persons that are of direct concern to society. Public law includes constitutional law, administrative law, tax law, criminal law, and procedural law.
Private law regulates relationships between individuals and private entities. Private law covers areas such as contracts law, property law, and corporation law. Public law, on the other hand, deals with the relationships between the state and individuals or other states.
