Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-v5vhk Total loading time: 0 Render date: 2024-06-20T17:05:01.412Z Has data issue: false hasContentIssue false

Preface

Published online by Cambridge University Press:  25 May 2021

Get access

Summary

The book analyses the phenomenon of ‘public interest’ in a comprehensive manner in different areas of law, both public and private. The term ‘public interest’ can be found in a wide range of legislation and it is used extensively in judicial practice and public administration. Yet, it has received surprisingly little attention from academia. As a result, it is used for various, often contradictory purposes. Justifications of its application are rarely convincing and the concept is often confused with similar legal institutions, which, however, serve quite different purposes. Sometimes, it is considered to be a common denominator of a number of different categories and consequently mixed up with terms like state interest, society's interest, public welfare, etc.

The book's objectives are therefore manifold. Above all, it aims to provide a definition of the notion of public interest, flesh out its structure and determine its main attributes, particularly against the background of the notion of private interest. Achieving this goal requires an analysis of the concept's philosophical underpinnings, historical developments and its application in different times and socio-economic conditions. Therefore, the book begins with theoretical contributions to the concept of public interest, stating their general positions and importance in law and in legal interpretation. However, the book's purpose is first and foremost to help practitioners to apply the concept of public interest with an understanding of its substance and normative function as well as its relationship to other relevant legal institutions. The individual contributions focus on the concept's application in a vast spectrum of legal disciplines, ranging from constitutional and administrative law to corporate and insolvency law, from criminal law to environmental law, and from competition law to labour law. To provide concrete examples of legislative and judicial practice, the book focuses on three jurisdictions – Austria, the Czech Republic and the European Union.

Even when analysing concrete areas of law, the individual contributions are guided by a common framework for analysis: Can public interest as a legal notion be understood as a unified concept, or does it have a relatively separate position and fulfils different functions in different legal disciplines?

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×