The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

the concept of public interest and its place in the legislation Of Iran

Abstract
Public interest is one of the multifaceted concepts in the social sciences. In a simple definition, this concept includes things that are beneficial to the masses of people and benefit everyone. The importance of public interest is so far as it has been able to transform intellectual thinking into the concept of state. Accordingly, the government refers to organizations that apply power to provide public services, which are intended to best serve the public interest. Therefore, it is possible to have a coherent perception of public interest as an essential prerequisite for the effective and effective management of collective affairs, and it is considered as a fundamental end in its concern to provide the point of sharing all the actions and decisions of the three powers of the state. But the main disadvantage in this regard is the lack of an examination of the status of public interest in Iranian legislation. The question is that in the Iranian legal discourse, where is the place of public benefit, and how is the legislator's perception of this concept evaluated? Based on the results of this study, the idea of the public interest in the basic legislation of Iran is conscious, practical and rational; these are primarily the product of the richness of the legal basis of this legislation and, secondly, the result of the challenges of governance before the revision of the constitution in 1989. But in ordinary legislation, the concept of public interest is still captive of legislative challenges, and the legislature does not consider this as a coherent and efficient notion than to take public interest as the boundary to legitimize the realm of individual rights or to prevent the entry of damage to the public interest.
 
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Barry, B. (1967). The Use and Abuse of the Public Interest, in the public interest, ed. By C.J Friend rich, New York: Atherton press.
Bandit, Theodore (1973).” the Public Interest”, Philosophy & public affairs, vol. 2, No.3 (spring), published by Wiley, available at:
https://www.jstor.org/stable/2264914.
Benn, S.L and Peters, R.S (1959). Social Principles and Democratic State, London: Allen and Unwin.
Blitz, Mark (2015).” Public Interest”, International Encyclopaedia of the Social & Behavioural Sciences, 2nd edition, Volume 19.
Corley, Steven P. (2008). Regulation and Public Interests: The Possibility of Good Regulatory Government, Princeton University Press.
Cummings, Scott L (2015).” Public Interest law: The United States and Beyond, International Encyclopedia of Social & Behavioral Sciences, 2nd edition, Volume19, PP 555-561.
Garner, Bryan (2011). Black's Law Dictionary, Thomson/west.
Gunn, J.M (1991). Jermyn Bentham and Public interest, in modern political theory, ed. By Jack Lively and Andrew Reeve, London: Rutledge.
Heilborn, Johan (2015). “Interest: History of the Concept”, International Encyclopedia of Social & Behavioral Sciences, 2nd edition, Volume12, PP 386-390.
IFAC (International Federation of Accountants). A Definition of The Public Interest, June 2012. available at: https://www.ifac.org/publications-resources/definition-public-interest.
Lloyd, Dennis (1964). The Idea Law, London: Penguin Books, INC.
Patterson, Edwin (1953). Jurisprudence, Men and Ideas of the Law, Brookline: The Foundation Press, INC.
Polanyi, A.s (1989). The State in Transition, London: Lynne Renner Publisher.
Sorauf, F.J (1975). The Public Interest Recognized, Journal of Politics, pp 50-86.