Public Interest and its Importance in Law

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216208%3A11220%2F21%3A10425881" target="_blank" >RIV/00216208:11220/21:10425881 - isvavai.cz</a>

Result on the web

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DOI - Digital Object Identifier

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Result language

angličtina

Original language name

Public Interest and its Importance in Law

Original language description

First of all, it is necessary to define the basic notion of interest which plays an essential role in the area of law according to Interessen jurisprudence and the legal philosophy of Roscoe Pound. It is the task of the legislator to thoroughly analyze the interests which an adopted legal norm serves and therefore to define the values that are the basis of behavior foreseen by this legal norm, and its limits. The judge is then obliged to loyally respect these interests when selecting an applicable legal norm. Another logical step is to define the concept of the public interest, its categories and, at the same time, its delimitation in comparison with the other interests, especially with the concept of the private interest. Afterwards, it is necessary to clarify the constitutional foundations of competence theory of the public interest and to deal with the importance and the status of the public interest within the framework of fundamental human rights, in which the private interest and the public interest are reflected. Another task is to identify the categories, which have a similar meaning and function as the public interest, and to compare their functioning with a public interest function. In the field of civil law, it is necessary to focus on the importance of fundamental rights, good morals, good faith and public order. In the domain of public law, it is necessary to concentrate on the task of the public administration, to respect the limits of discretion and the boundary between public and private interest.

Czech name

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Czech description

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Type

C - Chapter in a specialist book

CEP classification

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OECD FORD branch

50501 - Law

Project

<a href="/en/project/8J19AT008" target="_blank" >8J19AT008: Public Interest in Law</a><br>

Continuities

P - Projekt vyzkumu a vyvoje financovany z verejnych zdroju (s odkazem do CEP)

Publication year

2021

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Book/collection name

Public Interest in Law

ISBN

978-1-78068-970-8

Number of pages of the result

19

Pages from-to

25-43

Number of pages of the book

379

Publisher name

Intersentia

Place of publication

Cambridge

UT code for WoS chapter

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