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