Understanding Public Law: How Governments, Rights, and Justice Shape Society

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Disclaimer: This article is for informational and educational purposes only and does not constitute legal advice. Laws and legal procedures may differ depending on jurisdiction and individual circumstances. Readers seeking legal guidance should consult a qualified legal professional or solicitor.

Public Law Explained: The Legal Framework Governing the State and Citizens

At Disabled Entrepreneur UK, we believe that knowledge is power, especially when it comes to understanding the law and how it affects everyday life. The reason we write educational legal articles such as this one is to help raise awareness of people’s rights, encourage informed discussions, and support vulnerable individuals who may not fully understand the legal systems that impact them.

Many people facing disability-related challenges, mental health struggles, financial hardship, discrimination, or disputes with public authorities often feel isolated and overwhelmed. By simplifying complex legal topics into more accessible language, we hope to empower readers to better understand their rights and seek appropriate support where necessary.

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Through our affiliate partnership with First4Lawyers.com, we are also able to help direct readers toward professional legal assistance where appropriate. While we do not provide legal advice, we strongly believe that access to information and access to justice should be available to everyone, not only those who can afford expensive legal representation.

We also recognise that legal education benefits not only vulnerable people, but students, carers, entrepreneurs, and members of the wider public. Articles like this may help law students gain a broader understanding of important legal principles while encouraging critical thinking about fairness, equality, accountability, and human rights within society.

The law affects all of us in one way or another, and the more informed society becomes, the better equipped people are to help themselves and educate others.

Public law is one of the most important branches of law because it governs the relationship between individuals and the state. It regulates how governments exercise power, how public bodies make decisions, and how citizens can challenge unlawful actions by authorities. Without public law, there would be very little accountability for governments, ministers, local authorities, police forces, or public institutions.

In simple terms, public law exists to ensure that those in positions of power act lawfully, fairly, and within the limits of the law.

Public law is especially important for disabled people, vulnerable individuals, carers, businesses, and citizens because it provides mechanisms to challenge unfair treatment, discrimination, abuse of power, and unlawful decision-making.

At its core, public law is built on the principle that nobody, including governments, is above the law.

What Is Public Law?

Public law deals with laws that concern the state, public authorities, and constitutional matters. It governs how public institutions operate and interact with citizens.

Public law commonly includes:

Constitutional Law
Administrative Law
Human Rights Law
Judicial Review
Immigration and Asylum Law
Criminal Law (in some legal systems)

Public law differs from private law because private law focuses on disputes between individuals or businesses, such as contracts, negligence, or property disputes.

For example:

A dispute between neighbours over noise would usually fall under private law.
A challenge against a government department for unlawful treatment would fall under public law.

Constitutional Law

Constitutional law concerns the rules and principles that define how a country is governed.

In the United Kingdom, constitutional law includes:

Acts of Parliament
Common law principles
Constitutional conventions
Case law
International treaties
The Human Rights Act 1998

Unlike some countries, such as the United States, the UK does not have a single written constitution. Instead, the UK constitution has evolved over centuries through legislation, judicial decisions, and parliamentary practices.

Constitutional law determines:

The powers of Parliament
The role of the Prime Minister and ministers
The powers of courts
The rights of citizens
Devolution arrangements in Wales, Scotland, and Northern Ireland

Administrative Law

Administrative law governs how public bodies make decisions and exercise their powers.

Public authorities include:

Government departments
Local councils
The NHS
The DWP
Police authorities
Regulatory bodies

Administrative law ensures these organisations:

Act fairly
Follow correct procedures
Stay within their legal powers
Respect human rights
Avoid irrational decision-making

This area of law is highly relevant to benefit claimants, disabled individuals, students, carers, and business owners who may need to challenge public authority decisions.

For example:

A disabled person challenging a Personal Independence Payment (PIP) decision
A business challenging a licensing refusal
A patient disputing NHS treatment decisions
A student challenging unfair disciplinary action

Judicial Review: Holding Public Bodies Accountable

One of the most powerful tools in public law is Judicial Review.

Judicial Review allows courts to examine whether a public authority has acted lawfully.

The courts are not deciding whether a decision was “good” or “bad”; they are deciding whether it was lawful.

A Judicial Review may arise if a public body acted:

Illegally
Irrationally
Procedurally unfairly
In breach of human rights
Beyond its powers

For many disabled individuals and advocacy organisations, Judicial Review can become an important safeguard against discriminatory or unfair government policies.

Human Rights and Public Law

Human rights are closely connected to public law.

The Human Rights Act 1998 incorporates rights from the European Convention on Human Rights into UK law.

Public authorities must act compatibly with human rights unless legislation prevents them from doing so.

Human rights protected under the Act include:

Right to life
Right to privacy
Freedom of expression
Freedom from discrimination
Right to a fair trial
Freedom of religion
Protection from degrading treatment

Human rights law is particularly important for disabled people, people with mental health conditions, minority communities, and vulnerable individuals who may face unequal treatment.

Why Public Law Matters to Disabled People

Public law can play a major role in protecting disabled people from discrimination, unfair policies, and unlawful treatment.

Disabled individuals often interact with public authorities more frequently than the average person through:

Healthcare systems
Social care
Benefits systems
Education
Housing
Employment support services

Public law helps ensure that public bodies comply with legislation such as:

The Equality Act 2010
Human rights legislation
Public Sector Equality Duty obligations

The Public Sector Equality Duty requires public authorities to consider how their decisions affect people with protected characteristics, including disabilities.

This is particularly relevant when discussing welfare reform, accessibility, healthcare provision, education support, and social care services.

Public Law and Mental Health

Mental health is another area where public law is highly significant.

People suffering from depression, anxiety, OCD, PTSD, or other mental health conditions may be especially vulnerable to unfair treatment or systemic barriers.

Public law can help challenge:

Unlawful detention
Discriminatory policies
Failures in healthcare provision
Accessibility barriers
Inadequate mental health support
Unfair benefit assessments

Mental health and legal stress are often interconnected. Prolonged disputes with public authorities can severely affect a person’s emotional well-being, concentration, and quality of life.

Access to justice and fair treatment are therefore not merely legal issues; they are also public health and human rights concerns.

The Rule of Law

One of the fundamental principles underpinning public law is the Rule of Law.

The Rule of Law means:

Everyone is equal before the law
Governments must obey the law
Citizens have legal rights
Courts are independent
Power cannot be exercised arbitrarily

Without the Rule of Law, democratic societies could become vulnerable to corruption, abuse of power, discrimination, and authoritarian control.

Why Public Law Is Important in Modern Society

Public law affects almost every aspect of modern life.

It shapes how governments operate, how policies are implemented, and how citizens are protected.

In a democratic society, public law serves as a safeguard against injustice by ensuring accountability, transparency, and fairness.

For disabled entrepreneurs, carers, students, vulnerable individuals, and ordinary citizens, understanding public law can empower people to better understand their rights and challenge unlawful treatment where necessary.

Knowledge of the law can help individuals become more confident, informed, and engaged in society.

Conclusion

Public law is far more than a technical legal subject studied in universities or courtrooms. It is the legal foundation that protects citizens from unlawful exercises of power and ensures governments remain accountable to the people they serve.

In an increasingly complex society where policies, technology, healthcare, benefits systems, and public services continue to evolve, understanding public law is becoming more important than ever.

For many individuals, particularly disabled people and vulnerable communities, public law may represent one of the few safeguards available when systems fail them.

A fair and democratic society depends not only on laws existing, but on those laws being enforced fairly, transparently, and humanely.