Defining Public Interest in Planning: A Review

2021 ◽  
pp. 088541222110183
Author(s):  
Hashem Dadashpoor ◽  
Ailin Sheydayi
Keyword(s):  
Public Interest ◽  
The Body ◽  
The Public ◽  
Fuzzy Concept ◽  
Definition Of

Public interest as the main content and purpose of planning is a fuzzy concept in planning literature. The body of literature on the public interest is so complex and diverse that makes it difficult to define and use the concept. In this study, the various definitions are categorized to achieve a framework of the definition of public interest. In addition to being more comprehensive than previous studies, this categorization identifies the main dimensions of a comprehensive definition of public interest. It provides a suitable context for theorists and professionals to have a clear framework for defining the public interest.

Administrative Contracts in Serbian Law – Specificities of the New Statutory Regime

2020 ◽  
Vol 45 (1) ◽  
pp. 1-35 ◽  
Author(s):  
Marija Karanikić Mirić ◽  
Tatjana Jevremović Petrović
Keyword(s):  
Public Interest ◽  
Case Law ◽  
Practical Experience ◽  
The Public ◽  
Administrative Procedure ◽  
Public Purpose ◽  
General Rules ◽  
Rules And Principles ◽  
Private Entity ◽  
Definition Of

The subject of this paper is the special legal regime for administrative contracts under the recently enacted Serbian Law on General Administrative Procedure of 2016. We offer a comprehensive analysis of the new statutory rules, and examine their relationship to the general rules and principles of Serbian contract law. In addition, we identify the main shortcomings of the new regime, especially in the context of the lack of any statutory, scholarly and judicial typology of administrative contracts in Serbia. Furthermore, we highlight the lack of references to the notions of public interest, public purpose or public needs in the statutory definition of administrative contracts. This is cause for concern, since only the need to protect the public interest could justify the new statutory provisions, which significantly improve the contractual position of a public body as a contracting party in relation to the position of a private entity as the other party in administrative contracts. There is as yet no case law pertaining to administrative contracts in Serbia. This is why we turn to practical experience in the Croatian legal system, which is sufficiently similar and historically connected to Serbia via a shared Yugoslav heritage. We also consider German and French legal models, since they traditionally serve as comparative points of reference for Serbian legal scholars, judges and law makers.

Administrative Procedure and Judicial Review in China

2021 ◽  
pp. 44-46
Author(s):  
Xiaowei Sun
Keyword(s):  
Public Interest ◽  
Judicial Review ◽  
Global Market ◽  
The State ◽  
International Standards ◽  
Administrative Litigation ◽  
The Public ◽  
Administrative Procedure ◽  
Definition Of ◽  
Direct Applicability

This chapter focuses on administrative procedure and judicial review in China. Despite its willingness to adapt to the rules of the global market, China does not accept the direct applicability of international standards in administrative litigation. Judicial review of administration is based on a set of legislative texts and judicial interpretations by the Supreme People's Court. Among these texts, the Administrative Litigation Law regulates the judicial review of administrative acts. There are two lists in its chapter concerning the scope of judicial review: one includes the administrative acts that are open to judicial review, another the acts that are not reviewable. In any case, it is up to the courts to examine the following two combinations of criteria: the degree of the seriousness of the infringement with the definition of the state interest and that of the public interest; and the degree of procedural breach with the definition of the real impact on the rights of the plaintiff. According to Article 76 of the ALL, in the case of annulment and/or declaration of unlawfulness of an administrative act, a court may order the administration to take measures to compensate the damage inflicted on the plaintiff.

Article 19 Notification obligation regarding rectification or erasure of personal data or restriction of processing

2020 ◽  
Author(s):  
Gloria González Fuster
Keyword(s):  
Public Interest ◽  
Personal Data ◽  
Historical Research ◽  
Information Communication ◽  
The Public ◽  
Right To Be Forgotten ◽  
Definition Of ◽  
Data Subject

Article 4(9) (Definition of ‘recipient’); Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject); Article 16 (Right to rectification), Article 17(1) (Right to erasure (‘right to be forgotten’)); Article 18 (Right to restriction of processing); Article 58(2)(g) (Powers of supervisory authorities); Article 89(3) (Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes).

Public-Regardingness as a Value Premise in Voting Behavior

1964 ◽  
Vol 58 (4) ◽  
pp. 876-887 ◽  
Author(s):  
James Q. Wilson ◽  
Edward C. Banfield
Keyword(s):  
Public Interest ◽  
Voting Behavior ◽  
Body Politic ◽  
The Body ◽  
The Public ◽  
A Value ◽  
Self Interest

Our concern here is with the nature of the individual's attachment to the body politic and, more particularly, with the value premises underlying the choices made by certain classes of voters. Our hypothesis is that some classes of voters (provisionally defined as “subcultures” constituted on ethnic and income lines) are more disposed than others to rest their choices on some conception of “the public interest” or the “welfare of the community.” To say the same thing in another way, the voting behavior of some classes tends to be more public-regarding and less private- (self- or family-) regarding than that of others. To test this hypothesis it is necessary to examine voting behavior in situations where one can say that a certain vote could not have been private-regarding. Local bond and other expenditure referenda present such situations: it is sometimes possible to say that a vote in favor of a particular expenditure proposal is incompatible with a certain voter's self-interest narrowly conceived. If the voter nevertheless casts such a vote and if there is evidence that his vote was not in some sense irrational or accidental, then it must be presumed that his action was based on some conception of “the public interest.”

Part 3: Intercollegiate communication

2014 ◽  
Vol 96 (4) ◽  
pp. 116-117
Author(s):  
Andrew Montgomery
Keyword(s):  
Moral Responsibility ◽  
Public Interest ◽  
Professional Associations ◽  
The Public ◽  
Moral Standards ◽  
Definition Of

The commonly used definition of a professional is someone who is educated and trained to a standard that has certain strict codes of both ethical and moral responsibility and is often applied to someone working in the public interest for the good of society. The agreed relevant professional associations lay down ethical and moral standards.

scholarly journals Professional Self-Regulation and the Public Interest in Canada

2016 ◽  
Vol 6 (3) ◽  
Author(s):  
Tracey L. Adams
Keyword(s):  
Public Interest ◽  
Consumer Choice ◽  
Self Regulation ◽  
Regulatory Change ◽  
The Public ◽  
Business Interests ◽  
Professional Groups ◽  
Professional Self ◽  
Anglo American ◽  
Definition Of

The regulation of professional groups has often been justified as being in the public interest. In recent decades, policymakers in Anglo-American countries have questioned whether self-regulating professions have truly served the public interest, or whether they have merely acted in their own interests. This paper draws on legislative records and policy reports to explore meanings attached to professional self-regulation and the public interest in Canada by state actors over the past 150 years. The findings point to a shift in the definition of the public interest away from service quality and professional interests, towards efficiency, human rights, consumer choice, and in some contexts business interests. Changing views of the public interest contribute to regulatory change.

scholarly journals Tafsir Wewenang Seponering Jaksa Agung Pasca Putusan Mahkamah Konstitusi Nomor 29/PUU-XIV/2016

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Ilham Dwi Rafiqi
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
State Power ◽  
Constitutional Court ◽  
Court Decisions ◽  
Legal Certainty ◽  
The Public ◽  
Legal Implications ◽  
The Republic ◽  
Definition Of

The affirmation of the attorney general's authority in the Elucidation of Article 35 letter C of the Indonesian Prosecutor's Law after the decision of the Constitutional Court Number 29/PUU-XIV/2016 still leaves problems and has the potential to cause new legal problems. This research will look at and analyze how the authority of the Attorney General after the decision is as well as how the concept of an ideal arrangement that ensures legal certainty. This research uses normative juridical research with a statutory approach and case studies which in this case are court decisions. The results showed that after Constitutional Court decision, there was a change in the meaning of the Elucidation of Article 35 letter c of the Republic of Indonesia Prosecutor's Law. Based on the results of these interpretations and decisions, the legal implications that followed were related to the conditions for setting aside cases in the public interest, namely in setting aside cases in the public interest, the Attorney General was required to 'require' first to pay attention to suggestions and opinions from state power agencies that have relationship with the problem. The concept of an ideal arrangement that can guarantee legal certainty as an indicator to measure and assess the implementation of the Attorney General's obligations can be done by clarifying the definition of "state power agencies" for which advice and opinions are requested and making criteria for the term "public interest".

Article 18 Right to restriction of processing

2020 ◽  
Author(s):  
Gloria González Fuster
Keyword(s):  
Public Interest ◽  
Historical Research ◽  
The Public ◽  
Definition Of ◽  
The Right ◽  
Article 5

Article 4(3) (Definition of ‘restriction of processing’); Article 5(1)(d) (Principle of accuracy); Article 16 (Right to rectification); Article 5(1)(a) (Principle of lawfulness); Article 17(1)(d) (Right to erasure based on unlawful processing); Article 5(1)(c) (Principle of data minimisation); Article 17(3)(e) (Limitations to the right to erasure); Article 19 (Notification obligation); Article 21 (Right to object); Article 89 (Derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes); Article 58(1)(g) (Powers of supervisory authorities).

Article 25 Data protection by design and by default

2020 ◽  
Author(s):  
Lee A. Bygrave
Keyword(s):  
Public Interest ◽  
Data Protection ◽  
Codes Of Conduct ◽  
Personal Data ◽  
Historical Research ◽  
Individual Decision Making ◽  
The Public ◽  
Definition Of ◽  
Article 5 ◽  
Data Subject

Article 4(5) (Definition of ‘pseudonymisation’) (see too recital 28); Article 5(2) (Accountability) (see too recital 11); Article 6(4)(e) (Compatibility); Article 22 (Automated individual decision-making, including profiling) (see too recital 71); Article 24 (Responsibility of controllers); Article 28 (Processors) (see too recital 81); Article 32 (Security of processing) (see too recital 83); Article 34(3)(a) (Communication of personal data breach to data subject) (see too recitals 87–88); Article 35 (Data protection impact assessment) (see too recital 84); Article 40 (Codes of conduct); Article 83(2)(d) and 83(4) (Fines); Article 89(1) (Safeguards relating to processing of personal data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes).

Protecting Public Interest in Financial Crisis

2016 ◽  
Vol 14 (1) ◽  
pp. 19-32
Author(s):  
Bojan Škof ◽  
Matej Pollick ◽  
Aleš Kobal
Keyword(s):  
Financial Crisis ◽  
Financial Institutions ◽  
Public Interest ◽  
Financial Services ◽  
The European Union ◽  
International Organisations ◽  
Social Reforms ◽  
The Public ◽  
Definition Of ◽  
The International Monetary Fund

The financial crisis has been ongoing from beginning of year 2008 and we still have not reached a point of recovery throughout the European Union. Many European countries, such as Greece, Portugal, Ireland, Spain and Cyprus, received the financial help of international organisations (notably the International Monetary Fund, the European Central bank and the European Commission). Taking into account the public interest as the ultimate goal and objective of the system-wide reforms arising from the start from the financial institutions, namely banks and other financial institutions, it is important to analyse whether the wide economic and social reforms which are still reshaping the democratic setup of these countries really met the public interest objectives. Thus, this article deals with first and foremost the definition of public interest in financial services.

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