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The Definition Of Public Interest In The View Of The Constitution

Posted on:2012-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:X B WeiFull Text:PDF
GTID:2166330338453832Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Defining the public interest is the premise and foundation that ensure realization of public interests, against the public interest being replaced by personal interests or group interests. because of the definition of public interest criteria unclear, it results in personal interests and group interests. to be met under the cover of public interest. This first part discusses the meaning of public interest, to determine the proper meaning of public interest, and the essence of the public interest, that equality is the essence of the public interest. In the second part clearly defined public interest criteria and the main body so as to provide practical operation possible. In this part of the public interest as defined at three levels, namely, the subjective purpose of generating public interest and public interest programs have the main scope. Pointed out that the public interest for which is for the purpose of promoting the interests of all people, and the democratic process to go through screening by the equal enjoyment of all three elements that constitute define the public interest standard. The results revealed not only to define the public interest from the process will also include to; not only statically but also dynamically to the public interest be defined. The third part of this paper is the construction of the procedure defined in the public interest and the Court on the issue of public interest in the role. Definition of public interest not only refers to the standard definition of public interest, but also define the subject of public interest and procedures defined public interests, the main solution is who define the public interest, while the definition of public interest programs is to resolve how to define the public interest. This section defines the public interest that the main body and the public interest must fit with the substance, the better the fit the better the degree of realization of public interests, the Government and the judiciary can not be qualified for this role, while the legislature is more suited to undertake such responsibility. Defined procedures in the public interest to construct a public interest as defined in the early decision process and referendum procedures to achieve better protection of public interest. Defined in the public interest and the court's role and the role and procedures from both entities to consider, in entities and the role of the court procedure is different. Definition of public interest around the start of the real public interest, whether defined standards or procedures defining the subject and the substance of the public interest should be based. Substantial public interest, therefore, to clarify the definition of public interest is the critical issue.
Keywords/Search Tags:public interest, equality, effective participation
PDF Full Text Request
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