Volume 21, Issue 75 And 76 (3-2017)                   __Judicial Law Views __2012__, 21(__59__): __224142 | Back to browse issues page

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the concept of public interest and its place in the legislation Of Iran. دیدگاه‌های حقوقی. 2017; 21 (75 and 76) :117-142
URL: http://jlviews.ir/article-1-758-en.html
Abstract:   (1511 Views)

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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Type of Study: Research | Subject: General Law
Received: 2016/01/14 | Revised: 2018/01/20 | Accepted: 2017/11/28

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