Prepared by
DR: Ashraf Anas
Ashraf-anas@[Link]
▪ Now, we will discuss the branches of public and private
laws:
➢ Public law is divided into 5 branches:
• Constitutional law;
• Administrative law;
• Criminal law (including penal procedural);
• Public finance and tax law; and
• Public international law.
➢ The branches of private law are as follows:
• Civil law;
• Commercial law;
• The law of civil and commercial procedure, and
• Private international law.
1- Branches of Public Law
I. Constitutional law:
➢ The constitutional law is the law of laws, that is to say: it is the main law in
every state. It may be defined as the law which prescribes the following
subjects:
• The kind of the regime: is it a kingdom or a republic state?
• The kind of government: is it a presidential or a parliamentary
government?
• The boundaries of the territory of the state, which is usually defined
through bilateral treaties with neighboring countries.
• The public authorities and the relationships between them. Normally there
are three authorities; the executive authority, which is composed of the
cabinet, the relating ministries and other central or local administrative
bodies; the legislative authority, which enacts laws and supervises the
political economic and social performance of the executive authority; and
the judicial authority which rules upon disputes
• The public liberties, duties and rights of individuals. Public liberties are, for
instance, the liberty of opinion, the liberty of press, the liberty of
assembling the right of election legislative and local elections and the right
to be eligible to the Parliament or other political bodies, the right to form
political parties, and the right to have private safe life, etc.
6- The broad lines of the general policy of the state per se and in reard to
international commitments, the policy of education of public health and
the like.
• Constitutional law also provides for the protection of the right of
ownership, intellectual rights, and the principles of public election
processes as well as the flag of the state.
• All Other laws in the state are bound to conform to the constitution of the
state in the form as well as in their substance; this is the principle Known
as the constitutionality of laws and regulations. In cases of nonconformity,
the complaining party may ask the competent court to give him
permission to file an appeal against the said law before the supreme
constitutional court to render a judgment to the effect the said law is
contrary to the constitution, either in the form or in the substance. Such
judgment means that the non-conforming law will cease to be applicable
as of the following day after the publication of the said judgment in the
legislative authority to review the said law to make the necessary changes
or to cancel it.
• The constitution may have firm or supple existence. If the constitution
cannot be amended at all it is rigid and has firm existence; but if it can be
amended by ordinary procedure of amending laws then it is considered
supple or flexible .
• The constitution may be granted as a gift from a
king to his people , or may be achieved by
resistance against authorities as the case with the
French Revolution in 1789.
• The constitution may be drafted by the
parliament, by a nominated committee or by
members of a committee elected in public
elections. Once the constitution is drafted, it may
be offered in a public referendum for the approval
of the people.
• The Egyptian constitution is written, but this does
not prevent customary rules from developing in
practice. Such rules have the same force of
constitutional rules.