A Reflection on Public Interest, Public Good, and Public Resources: A Droit Public Économique Perspective

Document Type : Original Article

Authors

1 Associate Professor, Department of Public Law, Faculty of Law, University of Qom, Qom, Iran.

2 PhD(c), Department of Public Law, Faculty of Law, University of Qom, Qom, Iran.

Abstract

The concepts of public interest (manfaat) and public good (maslahat) are among the key constructs in public law that directly influence the definition and allocation of public resources. Despite the lack of a clear demarcation of these concepts, it is an undeniable fact that they are inherently valid, organizing, and determining for the actions of state authorities. In a purely modern public law approach, regulation in public policy is justifiable under the doctrine of public interest, which is based on the protection of the economic interests of the populace. The core of the legal-economic doctrine relating to public interests lies in regulation and the safeguarding of the citizens interests. Thus, public interests encompass those state actions that yield the greatest collective benefit and are grounded in the minimum consensus necessary for the functioning of a democratic society. However, non-legal approaches offer different perspectives on public interest, public good, and public resources and their delineation. This study adopts a descriptive-analytical approach to explore the characteristics of these concepts through a review of existing literature. The findings indicate that public interests must be shaped through a political relationship, which is a characteristics of modern nation-states. Nonetheless, it is also significant to note that in less developed societies, this political relationship may not be effectively or equitably established. The absence of democratic institutions and a dynamic public sphere and dialogue may lead to a scenario where public interests are defined in an unrealistic and imposed manner by the state. Consequently, in these societies, the political may fail to accurately represent public interests.

Keywords

Main Subjects

References

In Persian
AbdiPourFard, E, & Momen, M (2024). A Conceptualization of Public Interest: A Droit Public Économiqué Perspective. Comparative Public Law, 1(1), 61-87.
Alidoust, A (2022). Fiqh and Expediency. Islamic Culture and Thought Research Institute.
Mansourian, N. A, & Sheibani, A (2016). The concept of public interest and its place in Iranian legislation. Judicial Legal Perspectives, 21(75), 117-142.
Naghib, M, Ashriyeh, R, & Khaksar Kandar, M (2019). Analysis of public wealth resource management (Anfal) with emphasis on Anfal in Islamic governance. Scientific-Research Journal of Islamic Governance, (1) 24, 136-117.
PourEzzat, A-A, Damirchi Lou, M, & Kiani, P (2018). Indicators for conceptualizing the term public interest based on the Constitution of the Islamic Republic of Iran. Iranian Public Management Studies, 1(2), 1-24.
Rahmatollahi, H (2004). Corruption and governance: Causes and solutions. Journal of Private Law, Fall and Winter, No. 7, 117-150.
Rasekh, M, & Bayat Komitaki, M (2011). The concept of public good. Legal Research Journal, (56), 93-119.
Vaezi, S. M (2020). The analytical concept of administration and its models. Comparative Law Research Journal, 4(1), 301-328.
Vaezi, S. M (2023). The theory of public benefit and its place in the legal system of the Islamic Republic of Iran: From the theory of state to the theory of public law. Quarterly Journal of Public Law Studies, 1-18.
Yousefi, A. A, Karimi, A. A, & Farahani Fard, S (2018). Fair distribution of Anfal and public resources: A case study of purposed subsidies. Knowledge of Islamic Economics, 10(1), 65-82.
Zarei, M-H, & Najarzadeh Hanjani, M (2017). The concept of public services and its transformation in light of the public function doctrine. Public Law Research (Legal Studies) (Law and Politics), 19(56), 9-32.
 
Journal of Comparative Public Law
Volume 1, Issue 4 - Serial Number 4
December 2024
Pages 25-48

Files

Share

How to cite

Statistics