“Public Interest” in administrative case aspect

Abstract

The “Public Interest” is a common legal term frequently used in the context of public law. Apart from the principle of legality of an administrative act, some countries in Europe use the principle of the public interest in a spirit of objectivity as an essential element of a lawful administrative act. Due to its dynamic nature, different in each society, such term is classified as a word of the theory “Undefined Legal Concept”, that should not be defined clearly in law. Although this term cannot or should not be defined definitively in law, it will be a core role of an administrative agency to create the reasonable criteria and basis applying for each circumstance in context of “case-by-case basis”. Ultimately in the Legal State system, the judicial body, especially “the Administrative Court”, will be the final interpreter who builds the legal concept matching the period.