Conceptual Exploration of ‘Revival of Public Rights' through a Comparative Study of Public Interest Lawsuits

Document Type : Research Article

Authors

1 PhD Student in Public law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

2 Assistant Professor, Department of Public Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran. Iran.

3 Assistant Professor, Judiciary Research Institute, Tehran, Iran.

Abstract

The notion of the "Revival of Public Rights" has always been a controversial topic in legal doctrines and judicial practice. Public rights and their instances on one side, and the concept of revival on the other, constitute the core of this divergence. This ambiguity has intensified with the emergence of new social developments, necessitating the anticipation of innovative methods to ensure public interest more prominently. The necessity to sue environmental violations, capital market misconduct, problems related to the quality of automobiles, and over the recent years calamities arising from the COVID-19 pandemic are among the factors that have posed discussions related to the revival of public rights and judicial methods to guarantee public benefit. While discussions on judicial guarantees of public interest in our legal system are of less enrichment, in legal systems of other countries, it has been extensively elaborated. Public interest law and the associated topics, such as public interest lawsuits, position, and rights admissible in these lawsuits, are closely linked to the concept of revival of public rights. This article, by employing a descriptive-analytical method and utilizing library data, along with interviews with most of provincial prosecutors and their practices, aims to remove ambiguities associated with the concept of public rights and its revival through comparative data analysis, with a focus on common law systems. Based on the findings of this research, public rights should be interpreted as rights without any limited beneficiaries, and retrieval, in terms of nature, signifies the concept of supervision and is equivalent to the non-criminal authorities of prosecutors.

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References

  1. Abbasi, Mahmoud, Afshari, Fatemeh, Petfet, Arian, and Dehghani, Parviz (1398 SH). Citizenship Law; From National Rights to the Revival of Public Law. Tehran: Ministry of Justice.
  2. Aqababaii, Hossein, and Nazari, Ali (1400 SH). General Aspects of Crime in Iranian Criminal Law; From Legal Developments to Legal-Judicial Challenges. Criminal Law Research, Volume 9, Number 34.
  3. Bozeman, Barry (2007). Public Values and Public Interest: Counterbalancing Economic Individualism, Georgetown University Press.
  4. Cappelletti, M (1975). ‘Governmental and Private Advocates for the Public Interest in Civil Litigation: A Comparative Study', Mich. L. Rev, 73.
  5. Cappelletti, Mauro (1976). Vindicating the Public Interest through the Courts: A Comparativist's Contribution, Buff. L. Rev. 643, 25.
  6. Cummings, S and Deborah L Rhode (2015). Public Interest Litigation: Insights from Theory and Practice , 36 Fordham Urb. L.J. 603.
  7. Eftakhar Jahromi, Goudarz, and Alsani, Mostafa (1399 SH). Civil Procedure Law (Volume 1). 2nd edition, Tehran: Mizan.
  8. European Parliament (2012). Standing up for your right(s) in Europe.
  9. Gading, h (1996), ‘Litigation by Public Interest Groups in European Law’, German Y.B. Int’l L.
  10. Gorji Azandariani, Ali-Akbar (1390 SH). Ten Commands of Public Law; Reflections on the Fundamentals of Public Law. Private Law Studies Quarterly (Former Law Quarterly), Volume 41, Number 4.
  11. Hashemi, Mohammad (1382 SH). Supports and Guarantees of Human Rights in Domestic and International Law. Legal Research, Volume 6, Number 38.
  12. Iranian Judiciary Research Institute (1396 SH). An Introduction to the Responsibility of the Judiciary in the Revival of Public Law. Tehran: Judiciary Publications and Publications Center.
  13. Iranian Judiciary Research Institute (1400 SH). Monitoring and Comprehensive Analysis of Research Effects in the Revival of Public Law. Tehran: Judiciary Research Institute.
  14. Jolowicz, J.A (1982). ‘Civil Proceedings in the Public Interest’, CAMBRIAN L. REV, 32.
  15. Kashani, Javad, and Naseri, Nina (1395 SH). The Efficiency of Class Action in Access to Justice. 1st edition, Tehran: Mizan.
  16. Khaleghi, Ali (1400 SH). Criminal Procedure Law (Volume 1). 43rd edition, Tehran: Shahrdanesh.
  17. Langer, Vera (1988). ‘Public Interest in Civil Law, Socialist Law, and Common Law Systems: The Role of the Public Prosecutor’, The American Journal of Comparative Law, vol 36, Issue 9.
  18. Lunny, D (1978). ‘Locus Standi--Public Law and the Individual--The Relator Action--Role of the Attorney-General-Injunction’, University of British Columbia Law Review, vol 12, issue 2.
  19. Mansourian, Naser-Ali, and Shibani, Adel (1395 SH). The Concept of Public Interest and Its Place in Iranian Legislation. Judicial Legal Views, Volume 21, Numbers 75 and 76.
  20. Mouloudi, Mohammad, Haji-Azizi, Bijan, and Safari, Nahid (1395 SH). Study of Individual Rights Law; Foundations for Class Actions. Legal Research, Volume 19, Number 75.
  21. Noghrekar, Mohammad-Saleh (1388 SH). The Role of the Prosecutor in Safeguarding Public Rights. Tehran: Jungle.
  22. Parker, K.E and Stone, R. (1978). ‘Standing and Public Law Remedies’, Columbia Law Review, 78, 4.
  23. Pourezzat, Ali-Asghar, Demarchi-Lou, Maryam, and Paknoush-Kiyani, Paknoush (1397 SH). Indices of Conceptualizing the Term "Public Interest" According to the Constitution of the Islamic Republic of Iran. Iranian Government Management Studies, Volume 1, Number 2.
  24. Ramezani Ghavam-Abadi, Mohammad-Hossein, and Javadmansh, Javad (1395 SH). A Comparative Study of the Scope of the Concept of "Interested Party" in Environmental Lawsuits in Iran and the European Union. Public Law Studies Quarterly, Volume 46, Number 4.
  25. Ranjbar, Ahmad (1397 SH). Proof of Interest in "Public Law" Lawsuits. Administrative Law Quarterly, Year 5, Number 14.
  26. Rashidi, Mahnaz (1401 SH). The Role of the Judiciary of the Islamic Republic of Iran in Ensuring the Right to Water. Judiciary Legal Journal, Volume 86, Number 117.
  27. Sadeghi, Mahmoud, and Johari, Mehdi (1391 SH). Interested Party in Lawsuits Arising from Invention from a Legal and Judicial Perspective. Judicial Legal Perspectives, Volume 17, Number 59.
  28. Scott L. Cummings (2012). ‘Privatizing Public Interest Law’, Georgetown Journal of Legal Ethics, 25,1.
  29. Skyes, E.I (1953). ‘The Injunction in Public Law’, University of Queensland Law Journa, vol 2, issue 2.
  30. Spillenger.C (1995). ‘Elusive Advocate: Reconsidering Brandeis as People ’ s Lawyer’, Yale Law Journal, vol 105.
  31. Tangestani, Mohammad-Qasem, and Moradi-Barliyan, Mehdi (1397 SH). Speeches on the Prosecutor's Office and the Revival of Public Law. Judiciary Power Publications, 1st edition, 82.
  32. Tumanov, Dmitry (2015).‘On Public Interest and Its Judicial Protection’, Russian Laws: Experience, Analysis, Practice, vol 12.
  33. http://www.attorneygeneral.ie/ag/agrelator.html (Retrieved 02/01/2021).

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History

  • Receive Date: 04 April 2023
  • Accept Date: 19 August 2023

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