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/pre-uni/areas-of-law/public-administrative-law/ - Public Law

Pre-Uni

  • Public Law

  • Put Simply...

    Public law covers the oversight and review of actions undertaken by public organisations, whether these impact negatively or otherwise on a significant section of the population, or breach the conditions laid down under their charter or constitution.

    A barrister in public law will more often than not represent or work on matters brought up by government and its various departments. Cases will cover domestic issues as well as those which have international elements or ramifications, and most matters are heard at the Administrative Court.

    What is involved in Public Law?

     

    The public law domain is comprised of matters affecting individuals where pro bono and legal aid are involved. It will usually focus on the judicial review of commercial activities and instructions from government. Sectors in which public law comes into play are social welfare, health, education, immigration, planning, infrastructure and the environment.

    The government or local statutory authorities initiate inquiries when issues affecting a majority segment of the population arise. Most inquiry commissions work independently, hearing a variety of arguments and petitions in support or against the subject-matter of the inquiry.

    Some examples of such inquiries are: public hearings conducted when new infrastructure projects are instituted, urban relocation matters, noise, air and other forms of pollution arising out of the proximity of large plants or units to residential areas. Barristers appear before such panels and commissions and can represent any of the parties involved.

    The work schedule includes, in addition to appearances, research and drafting of arguments, pleadings or statements, advising clients on the merits of the issue at hand, and providing opinions whether actions undertaken by the government or statutory authorities are compliant with public law principles.

    What is needed for Public Law?

    As a barrister dealing in public law cases, you will need to appreciate complexities of law, must secure in-depth knowledge of legal principles and tenets, and keep up with changes in law, society, governments and international situations. Good communication and negotiation skills are crucial, and you should be proficient in both oral and written advocacy.

    Other qualifications and skills required include an outstanding academic background, meticulous attention to details, a lateral and creative thought process, the ability to read and judge people fairly well and quickly, and agility and flexibility to adapt to rapidly changing circumstances or situations.

    Current Climate for Public Law

     

    Some recent trends in public law are: review of legal aid and public funding of cases; application of existing laws to matters and situations previously not faced; decentralization of activities in the migration process and appeal rights of immigrants and those seeking asylum have been curtailed. Further changes are being made to the immigration system; and integration of EU policies and principles continues to be the subject of governmental focus.

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