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Books > Law > Jurisprudence & general issues > Law & society
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Public Interest in Law (Hardcover)
Loot Price: R2,933
Discovery Miles 29 330
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Public Interest in Law (Hardcover)
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This book analyses in a comprehensive manner the phenomenon of
'public interest' 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 in academia. As a result, it is used for various, often
contradictory purposes. Justifications for its application are
rarely convincing and the concept is often confused with similar
legal institutions such as state interest, societal interest and
public welfare, which, however, serve quite different purposes.
Further to the relevant public being defined, the weight of public
interest in case of conflict with other considerations will be
examined and the legal consequences of its breach (e.g. nullity,
damages and penalties) considered.The book's objectives are
therefore manifold. First and foremost, it aims to provide a
definition of the notion of public interest and to determine its
main attributes, particularly against the background of the notion
of private interest. In order to achieve this, the concepts
philosophical underpinnings will be outlined, as will its
historical developments and its application in different times and
socio-economic conditions. Consequently, the book will assist in
applying the concept of public interest with a clear understanding
of its substance, normative function and its relationship to other
relevant legal institutions. The book focuses on the concept's
application across the 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. In order to provide concrete examples of
legislative and judicial practice, the book analyses three
jurisdictions in particular Austria, the Czech Republic and the
European Union.This book is not only an important addition to legal
scholarship but, importantly, contributes to the improvement of
decision-making processes at all levels of government. It will be
of interest to scholars, practicing lawyers, judges and officials
in public administration alike.
General
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