PUBLIC AND PRIVATE LAW, DETERMINANT ALTERNATIV FOR THE CONSTITUCIONAL RULE OF LAW

Founded on the very different nature of private persons and public authorities, the distinction between the private and public law is analysed as the true summa divisio of the law, required by the rule of law of the constitutional State. All the law system in its deep unity relays on the essential equal dignity of every human being, but, while private law rules the relationship between individuals, legally free and equal, and corporations freely created by them, public law specifically deals with the organisation and action of public authorities under exigencies subjection and service which shape all their status and their relations with the private persons, even beyond their necessary public powers.