Public law is made by governments and can be limited in the United States and Europe. It involves participation from various stakeholders.

Format: Hardback
Publication date: 01 January 2021
Publisher: Taylor & Francis Ltd

This title was first published in 2001. This text explores the intricate dynamics of public law rulemaking, examining the individuals and entities involved in the process and the legal constraints that shape public law in the United States and Europe.

Who Makes the Rules for Public Law?

Public law is a set of rules that govern the behavior of individuals, organizations, and governments. These rules are created by a variety of individuals and entities, including legislators, judges, bureaucrats, and private individuals. The process of creating public law can be complex and lengthy, and it often involves a series of steps, including drafting, review, and approval.

Legislators

Legislators are the primary individuals responsible for creating public law. They are elected by the people to represent their interests in the government. Legislators are responsible for drafting and passing laws that address a wide range of issues, including health care, education, transportation, and the environment. Legislators work closely with other legislators, bureaucrats, and private individuals to develop and refine their proposals.

Judges

Judges are responsible for interpreting and applying public law. They are appointed by the government and are responsible for ensuring that the law is applied fairly and consistently. Judges can overturn laws that are unconstitutional or that violate the rights of individuals. Judges can also make decisions that affect the interpretation of public law.

Bureaucrats

Bureaucrats are responsible for implementing public law. They are appointed by the government and are responsible for carrying out the laws that have been passed. Bureaucrats can make decisions that affect the lives of individuals and organizations. Bureaucrats can also make decisions that affect the environment.

Private Individuals

Private individuals can also participate in the rulemaking process. Private individuals can file lawsuits against the government or other individuals or entities. Private individuals can also participate in public hearings and other public forums.

Limits on Public Law in the United States

Public law in the United States is subject to a variety of limits. These limits include the Constitution, the Bill of Rights, and the Administrative Procedure Act. The Constitution provides the framework for the government and sets forth the rights of individuals. The Bill of Rights protects individual rights from government interference. The Administrative Procedure Act provides a process for the government to make rules and regulations.

Limits on Public Law in Europe

Public law in Europe is subject to a variety of limits. These limits include the European Convention on Human Rights, the European Union Charter of Fundamental Rights, and the European Union Directives. The European Convention on Human Rights protects individual rights from government interference. The European Union Charter of Fundamental Rights provides a framework for the protection of individual rights in the European Union. The European Union Directives provide a process for the European Union to make rules and regulations.

Conclusion

Public law is a complex and important set of rules that govern the behavior of individuals, organizations, and governments. The process of creating public law can be complex and lengthy, and it often involves a series of steps, including drafting, review, and approval. Legislators, judges, bureaucrats, and private individuals all play a role in the rulemaking process, and the limits on public law in the United States and Europe are important to ensure that the law is applied fairly and consistently.

ISBN-13: 9781138732575