Public law in the sense of law

This article seeks to understand the concept of public law from Hart's point of view through the common method of "conceptual analysis" and with a "non-essentialist" approach, and based on his valuable work, the book "The Concept of Law". The non-essentialist approach, instead of looking for a set of conditions and features necessary for the existence of law in the whole set, considers the pervasive features of real legal systems. This article focuses on constitutional and administrative law and adapts the definitions of advanced public law standards to Hart's highly influential trilogy of general "secondary" types of "must-haves," which include rules of identification, modification, and judgment. The point is that non-essentialist methodology not only provides a rich descriptive expression of the fundamental features specific to advanced legal systems, but also offers considerable theoretical insights into how law is understood and perceived in many contemporary societies. Also, since the obtained definition is deeply rooted in real social and legal experiences and practices, it presents a more detailed and less abstract theory than Hart's approach, which is based on hypothetical narratives about how law can be developed.