PUBLIC LAW
Dr. B. Demarsin
Olivia Le Grelle
KULeuven – Business Administration
,Private Law
1. How rights and the law go together 3
Distinction between the law (objective) and rights (subjective) 3
Fault/tortious act 3
Loss/detriment/damage 4
Causality 4
The Law – Definition and decisive features 4
Decisive features 4
Various forms of enforcement 4
Enforcement: other sanctions 5
Compensatory interest vs. moratory interest: 5
Enforcement through repression: 5
Procedure to enforce subjective right 6
Right to suspend performance 6
Lien (right to suspend restitution) 6
Alternative dispute resolution (ADR) 6
Advantages of a private court: 7
Are all obligations enforceable in court? 7
Social commitments 7
Public international law 7
Purpose of the legal system 7
1. Legislation and the separation of powers in the modern state 8
Legislation – The concept 8
Civil law vs. Common law 8
The constitution – The highest piece of legislation 8
The constitutional state and the rule of law 8
Separation of powers 9
Legislative branch – Enacts the law 9
Executive branch – Enforces the law 9
Judiciary branch – Applies and interprets the law 9
Multi-level governance 10
National/Federal governance 10
Local governance 12
Regional governance 12
The Belgian case: Asymmetric federation 13
Facts & figures 13
The road to constitutional reforms 13
Scope of authority of the Belgian federated entities 14
Territorial demarcation 15
Governance of regions and communities 15
Inter- & supra-national governance 16
The international level 16
International governance 16
Direct treaty application 17
The supranational level 18
Supranational nature of EU-law 18
Sources of law in the EU 19
1
, European Law: scope & subject matter 20
Council of Europe 20
European Convention of Human Rights 20
2. Customary law and legal writing 20
Customary law 20
Legal writing 21
3. Court Decisions: The judicial branch and the court system in the modern state 21
Judicial decisions as a source of law 21
Civil law reasoning: 22
Common Law reasoning 22
Differing importance of various sources of law: Formation of the Civil Law System 22
Differing importance of various sources of law: Formation of the Common Law System 23
The judicial branch and the court system in a modern state 24
Basic principles to organise the Judiciary 24
The different courts in Belgium 25
Judicial review 26
Judicial review of administrative acts 26
Judicial review of legislative acts 27
2
Dr. B. Demarsin
Olivia Le Grelle
KULeuven – Business Administration
,Private Law
1. How rights and the law go together 3
Distinction between the law (objective) and rights (subjective) 3
Fault/tortious act 3
Loss/detriment/damage 4
Causality 4
The Law – Definition and decisive features 4
Decisive features 4
Various forms of enforcement 4
Enforcement: other sanctions 5
Compensatory interest vs. moratory interest: 5
Enforcement through repression: 5
Procedure to enforce subjective right 6
Right to suspend performance 6
Lien (right to suspend restitution) 6
Alternative dispute resolution (ADR) 6
Advantages of a private court: 7
Are all obligations enforceable in court? 7
Social commitments 7
Public international law 7
Purpose of the legal system 7
1. Legislation and the separation of powers in the modern state 8
Legislation – The concept 8
Civil law vs. Common law 8
The constitution – The highest piece of legislation 8
The constitutional state and the rule of law 8
Separation of powers 9
Legislative branch – Enacts the law 9
Executive branch – Enforces the law 9
Judiciary branch – Applies and interprets the law 9
Multi-level governance 10
National/Federal governance 10
Local governance 12
Regional governance 12
The Belgian case: Asymmetric federation 13
Facts & figures 13
The road to constitutional reforms 13
Scope of authority of the Belgian federated entities 14
Territorial demarcation 15
Governance of regions and communities 15
Inter- & supra-national governance 16
The international level 16
International governance 16
Direct treaty application 17
The supranational level 18
Supranational nature of EU-law 18
Sources of law in the EU 19
1
, European Law: scope & subject matter 20
Council of Europe 20
European Convention of Human Rights 20
2. Customary law and legal writing 20
Customary law 20
Legal writing 21
3. Court Decisions: The judicial branch and the court system in the modern state 21
Judicial decisions as a source of law 21
Civil law reasoning: 22
Common Law reasoning 22
Differing importance of various sources of law: Formation of the Civil Law System 22
Differing importance of various sources of law: Formation of the Common Law System 23
The judicial branch and the court system in a modern state 24
Basic principles to organise the Judiciary 24
The different courts in Belgium 25
Judicial review 26
Judicial review of administrative acts 26
Judicial review of legislative acts 27
2
