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What is public law? 

Public law is the set of legal principles which govern the exercise of power by public bodies.

What are public bodies?

There are many public bodies of various kinds who take decisions every day which affect the lives of thousands of individuals. They include government ministers and departments, local authorities, the prison service, NHS Trusts, coroners’ courts and many more.

What are public law remedies?

There are many procedures by which citizens can challenge the legality of decisions made by public bodies. They include:

• Judicial review: court proceedings in which a judge is asked to review the lawfulness of the decision which is being challenged;
• Complaints procedures such as the social service complaints procedure; and
• Ombudsman schemes such as the Local Government Ombudsman, and the Parliamentary Commissioner for Administration.
  
  

Public law is a theory of law governing the relationship between individuals (citizens, companies) and the state. Under this theory, Constitutional law, administrative law and criminal laware sub-divisions of public law. This theory is at odds with the concept of Constitutional law, which requires all law to be specifically enabled, and thereby sub-divisions, of a Constitution.

Generally speaking, private law is the area of law in a society that affects the relationships between individuals or groups without the intervention of the state or government. In many cases the public/private law distinction is confounded by laws that regulate private relations while having been passed by legislative enactment. In some cases these public statutes are known as laws of public order, as private individuals do not have the right to break them and any attempt to circumvent such laws is void as against public policy.

Why is public law important?

Public law remedies are the means by which public authorities can be held to account. In the absence of effective and accessible mechanisms of accountability, the exercise of power by central and local government, and the many other public bodies, may go unchecked.

The decisions of public authorities have a particularly significant impact on the lives of those facing poverty, discrimination or disadvantage. Such decisions may determine whether health care is to be provided, whether a social security benefit is to be awarded, or whether a place in a care home is to be allocated to an elderly person awaiting discharge in hospital. Yet, despite being the very people who have the most to lose from an unlawful or unfair decision, those facing disadvantage are the ones also facing the greatest obstacles to accessing the public law remedy. The Public Law Project aims to tackle those obstacles and improve access to justice.