DEFINING PUBLIC INTEREST: CRITERIA FOR LEGAL IMPLEMENTATION

Abstract

The concept of public interest remains one of the most contested, ambiguous, yet fundamental categories in legal theory and practice. This paper examines the significance of public interest through theoretical perspectives, general constitutional principles, and concrete legislative solutions within the legal system of the Republic of Serbia. The paper further explores how public interest functions as a legal standard whose content must often be determined on a case-by-case basis. Legal scholarship defines related concepts—such as common good, general interest, state interest, national interest, and public interest—in varying ways. Theoretical sections highlight the tension between value-based and procedural conceptions of public interest, as well as the challenges in anchoring a contested concept within normative legal structures. Authors propose a solution for the normative conceptualization of public interest through a dual approach tailored to each legal branch separately: 1. Adopting context-specific criteria for defining public interest in each field of law, while 2. Preserving constitutional-level flexibility. This approach aims to reconcile the necessary generality of fundamental legal concepts with the precision required for effective legal implementation. The analysis further reveals how unexamined conflations of "public interest" with "state interest" or "common good" generate legal uncertainty. By anchoring the dual-path proposal in both constitutional theory and practical adjudication needs, the paper offers a replicable model for balancing societal values with juridical clarity. The analysis ultimately underscores the need for a dynamic and interpretative framework that allows public interest to be both normatively grounded and adaptable to changing social and legal contexts.