The Concept of Public Interest

22 Pages Posted: 6 Oct 2020 Last revised: 10 Dec 2020

See all articles by Christoph Bezemek

Christoph Bezemek

University of Graz, Faculty of Law, Institute of Public Law and Political Science

Tomas Dumbrovsky

Yale Law School; Charles University in Prague - Faculty of Law

Date Written: September 28, 2020

Abstract

Public interest, in the words of Felix Frankfurter, is a “vague, impalpable but all-controlling consideration”. It carries legitimacy and justifies coercion; and it has done so ever since: ‘Salus populi suprema lex esto’ rings as maxim from Cicero’s De Legibus to Locke’s Two Treatises and beyond. Its vagueness, combined with its extensive range, entails the concept’s success just as it is responsible for its failings. This paper is dedicated to the analysis of the challenges inherent to the quest of those aspirations that (claim to) unite the political community.

Keywords: Public Interest, Common Good, European Consensus, Factional Interest, Private Interest

Suggested Citation

Bezemek, Christoph and Dumbrovsky, Tomas, The Concept of Public Interest (September 28, 2020). Graz Law Working Paper No 01-2020, Charles University in Prague Faculty of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=3701204 or http://dx.doi.org/10.2139/ssrn.3701204

Christoph Bezemek (Contact Author)

University of Graz, Faculty of Law, Institute of Public Law and Political Science ( email )

Universitaetsstrasse 15 / FE
A-8010 Graz, 8010
Austria

Tomas Dumbrovsky

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

HOME PAGE: http://mwpweb.eu/TomasDumbrovsky/

Charles University in Prague - Faculty of Law ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

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