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The concept of human rights refers to the liberties, privileges, and advantages that ought to be available for every individual. Public law, on the other hand, refers to the body of law that governs the relationships that exist between private citizens and the state.
Human rights are meaningless if they cannot be enforced. Human rights are fundamental rights and freedoms to which every person is fundamentally entitled. Regardless of their nationality, race, ethnicity, gender, religion, or any other characteristic.
These rights are protected by national and international law and are aimed at ensuring the dignity, equality, and the well-being of every person.
Human rights law sets out the basic level of protection everyone can expect from the state and the freedoms it should promote and provide for all its citizens.
In Malta human rights are constitutionally defined, meaning that every person in Malta is entitled to the fundamental rights and freedom of an individual in accordance with the Constitution of Malta, as well as in accordance with the European Convention Act of 1987, meaning that every person in Malta is entitled to these rights.
Apart from that being a member state of the European Union, Malta must also respect the European Charter of Human Rights.
The field of law known as public law is a branch of law that governs and regulates the relationship between individuals and the state, as well as to the operation of and the structure of government institutions.
The primary emphasis of public law is the focus on the legal framework that regulates the exercise of public power, the rights and obligations of individuals in their interactions with the state, and the administration of public institutions.
The term ‘public law’ refers to an umbrella term that encompasses various subfields of the legal profession, including constitutional law, administrative law, criminal law, and international law.
Public law is primarily concerned with the public interest and the exercise of governmental authority.
It is intended to ensure accountability, protect individual rights, maintain the rule of law, and promote the proper functioning of public institutions.
Public law is enforced through courts and tribunals, which interpret and apply the relevant legal principles and provide remedies in cases involving disputes or alleged violations of public law.
At Ryan Ellul Advocates, we are able to assist you in protecting and safeguarding your fundamental rights and freedoms, either before the First Hall Civil Court in its Constitutional Jurisdiction, before the Constitutional court, and before the European Court of Human Rights.
Moreover, we are also able to assist and represent you in the event that any administrative acts are subject to court scrutiny.