Public Law Studies Quarterly

Concept and Function of the Public-Interest Theory and its Place in the Legal System of the Islamic Republic of Iran

Document Type : Article

Author

Seyed mojtaba Vaezi

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

https://doi.org/10.22059/jplsq.2021.320793.2725
Abstract
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 is especially reflected. By definition, two general approaches can be distinguished in contemporary legal systems: the liberal system, and the republican system. In the Iranian law system, 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.

Keywords

competence
discretion
government
public interest
sovereignty of the Faqih

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Public Law Studies Quarterly
Volume 53, Issue 4
Winter 2024
Winter 2024
Pages 2251-2273

  • Receive Date 08 April 2021
  • Revise Date 01 August 2021
  • Accept Date 08 November 2021

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