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What are the different types of Public Law?
What is case law?
What are examples of private law?
What is public law?
Nov 21, 2023 · Examples of public law include constitutional law, criminal law, and international law. Constitutional law is the body of laws that sets out the basic rights of citizens and...
- The Case of Proclamations, 1610
- Entick V Carrington, 1765
- R V Dudley and Stephens, 1884
- Carlill V Carbolic Smoke Ball Co, 1893
- Donoghue and Stevenson, 1932
- Fagan V Metropolitan Police Commissioner, 1969
- R V R, 1991
- The Belmarsh Case, 2004
Over 400 years ago, the chief justice, Sir Edward Coke, ruled thatKing James I could not prohibit new building in London without the support of parliament. King James believed that he had a divine right to make any laws that he wished. But the court opposed his view, and decided that the monarchy could not wield its power in this arbitrary way. By ...
Author and schoolmaster John Entick was suspected of writing a libellous pamphlet against the government. In response, the secretary of state sent Nathan Carrington, along with a group of other king’s men, to search Entick’s house for evidence. Entick then sued the men for trespass. The court decided thatthe secretary of state did not have the lega...
In this case, the survivors of a shipwreck who killed and ate the youngest and weakest crew member were prosecuted for murder. Their defence was based on “necessity” – that they needed to eat the boy, as they were unlikely to survive and the boy probably would have died anyway. It may have been a “custom of the sea”that cannibalism was allowed unde...
Mrs Carlill sued the manufacturerof the carbolic smoke ball – a device for preventing colds and flu – which had promised a reward of £100 for any one catching flu following the use of its product but then refused to pay out. The court decided that this promise, together with Mrs Carlill’s use of the product as directed, amounted to a legally bindin...
In a case originating in Scotland, Mrs Donoghue was given a bottle of ginger beer which allegedly containedthe decomposed remains of a snail. She claimed to have suffered shock and gastroenteritis as a result. But as she had not bought the drink herself, she had no contract on which to sue. Nevertheless, the court extended the lawof negligence to r...
To be guilty of a criminal offence, there often needs to be unlawful act accompanied by a guilty state of mind, such as a criminal intent. So, having accidentally driven his car onto a policeman’s foot, did Mr Fagan commit an assault when he decided not to remove it? Mr Fagan suggested not because he had no criminal intent at the time the car first...
The law is constantly evolving to meet changing social attitudes. In this case, the House of Lords swept away the common law rule that a man could not be guilty of raping his wife. The previous rule was based on a 1736 pronouncement that: The House of Lords ruled thatfor modern times, marriage is a partnership of equals and any other suggestion was...
The Human Rights Act empowered judges to review acts of parliament, to check if they are compatible with the European Convention on Human Rights. Using this power, the House of Lords ruled thata statute which allowed terrorist suspects to be detained indefinitely without trial breached the suspects’ human rights. The caseshows how modern courts ask...
- Nicholas Clapham
Jan 27, 2020 · As well as some headline grabbing Brexit litigation, 2019 featured many important cases for public authorities and those that deal with them. Our experts have chosen their top ten cases of 2019 that highlight an important principle or point of law for inclusion in our first update of the year.
- Marbury v. Madison (1803) Issue: Who can ultimately decide what the law is? Result: "It is explicitly the province and duty of the Judicial Department to say what the law is."
- McCulloch v. Maryland (1819) Issue: Can Congress establish a national bank, and if so, can a state tax this bank? Result: The Court held that Congress had implied powers to establish a national bank under the "necessary and proper" clause of the U.S. Constitution.
- Gibbons v. Ogden (1824) Issue: Can states pass laws that challenge the power of Congress to regulate interstate commerce? Result: The Court held that it is the role of the federal government to regulate commerce and that state governments cannot develop their own commerce-regulating laws.
- Dred Scott v. Sandford (1857) Issue: In this pre-Civil War case, the question was whether Congress had the constitutional power to prohibit slavery in free territories.
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive.
Jan 20, 2024 · Examples of Public Law Cases. Now that we’ve grasped the basics of public law, let’s delve into some real-world examples. These cases will help illustrate the concepts we’ve discussed and show public law in action. One of the most famous public law cases in the United States is Brown v. Board of Education case. It’s an iconic example of ...
Public law is the part of law that governs relations and affairs between legal persons and a government, [1] between different institutions within a state, between different branches of governments, [2] as well as relationships between persons that are of direct concern to society.
