Document Type : Article


Associate Prof, Department of public and International law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran


The concept of public interest, is one of the most important axes of public law. The definition of public interest in the field of constitutional law as well as administrative law are especially reflected. By definition, two general approaches can be distinguished in contemporary legal systems: the liberal system, and the republican system. In Iranian law, considering the theories of the government after the revolution of February 1979, it seems that the general tendency in defining the public interest is more towards the republican system, but considering the historical structure of Shiite jurisprudence on the field and concepts Private law, existing jurisprudence has lacked the necessary details to theorize the theory of government. Even with the emergence of the theory of Imam Khomeini's "absolute sovereignty of faqih", it can be seen that on the one hand the theory has no reflection in other levels of government, including administrative law, after three decades and still remains within the justification of the first person authority and on the other hand the issue of control of the state and the guarantee of fundamental rights and freedoms have not been theorized or institutionalized, and so instead of a full-fledged theory of public law.


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