Public Law and Statutory Interpretation

Public Law

The body of law governing public powers (parliament, executive, judiciary), defining who may exercise power, the scope and limits and the process by which it is applied. It includes administrative law, constitutional law and human rights law.

Distinction between private and public law

Private law regulates relationships between individuals and inherently exist (you CAN basically do anything you want UNLESS the law says otherwise). Public law must exist in order to give power to public powers (public powers CANT do anything UNLESS the law says they can).

Joseph Raz’s rule of law

The rule of law is a political ideal that legal systems are judged by.

It comprises of 2 principles:

1. People should be ruled by the law and obey it

2. The law should be such that people may be guided by it (can find out abt it and act on it)

Conformity to the rule of law is essential for securing the purpose of the law but the law themselves may be good or bad. i.e as long as the process conforms with the ROL

Lord Bingham’s rule of law

All persons and authorities within the state, public or private, should be bound by and entitled to the benefit of laws publicly made and publicly administered by the courts.

Specific requirements include:

1. The law must be accessible, intelligible and predictable

2. Questions of legal rights and liabilities should be resolved by the application of law, not discretion

3. Laws should apply equally to all unless objective differences justify otherwise

4. Ministers and public officers must not act ultra vires

5. The law must provide adequate protection of human rights

6. Parties to civil disputes must be provided with means to resolve their disputes which are not prohibitedly costly or delayed

7. Procedures must be fair

8. States must follow national and international laws