Legal Rereading of Public Interest: The Outcome of Judicial Review on Activism in the Public Sphere

Articles in Press

Document Type : Research Paper

Author

Department of Law, Faculty of Humanities Science, Islamic Azad University, Hamedan, Iran

10.22099/jls.2024.51592.5234

Abstract

law has yet to extensively theorize on the concept of public interest or has approached this area with limited focus. The aim of the current research is to present a framework based on public law for addressing public interest, using a descriptive-analytical method. In legal terms, the 'public' in 'public interest' refers to the outcomes of actions taken by participants in the public sphere. Identifying an example in a specific case requires sufficient dialogue among these participants, with the final consensus conveyed through political parties to parliamentary—and possibly cabinet—decision-makers. Through this process, public interest is shaped in the public sphere, acknowledged by political parties, and established by parliament in the form of law. To ensure that the interests of children, minorities, and marginalized groups are protected, judicial review with the authority to invalidate laws is essential. Creating new general principles of law or utilizing existing ones will offer valuable guidance for participants in the public sphere and their representatives in the future. The primary context for public interest is at the national level; however, at supranational and subnational levels, similar concepts, such as the “common good” or “public interest” with qualifiers like “global” or “urban,” can be applied.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 24 December 2024

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