Luboš Tichý
Author’s affiliation: Faculty of Law, Charles University in Prague

About the public interest in law

Jurisprudence 2/2023 Section: Articles Page: 1-11

Keywords: Jurisprudence of interest; private and individual interest; public interest; forms of public interest; evaluation; comparing; balancing; proportionality principal; theory of competence; delegation of public interest

Abstract: The article first defines the concept of interest, which plays a significant role according to interest jurisprudence, value jurisprudence, and Roscoe Pound's interpretation. It then defines the notion of public interest, considers it as a measure of the justification of a legal norm and a part of its purpose. It is the result of an assessment of the various relevant interests and is an essential part of the legal order. It analyses the method of its determination in both normative and application practice. Finally, it finds that this method is underestimated in the Czech Republic, especially in the normative process.