Public Interest in Law

0544185 - ÚSP 2022 RIV GB eng M - Monography Chapter
Malíř, Jan
Public Interest Before the ECtHR. Protection of Cultural Heritage and the Right to Property.
Public Interest in Law. Cambridge: Intersentia, 2021 - (Tichý, L.; Potacs, M.), s. 311-328. ISBN 978-1-78068-970-8
Institutional support: RVO:68378122
Keywords : ECHR * ECtHR * Article 1 Protocol 1 * Article 8 * Article 10 * cultural heritage protection * public interest
OECD category: Law

The chapter deals with the issue how a new kind of public interest can be recognized and applied in law, using the case of cultural heritage protection in the context of European Convention on Human Rights (ECHR). Based on the analysis of the European Court for Human Rights´ (ECtHR) case-law, the chapter suggests public interest is a dynamic, not static concept, it does not have to necessarily proceed from “volonté de tous”, it has a close tie to the notion of public goods and, as a concept, the notion of public interest is, to some extent, internationalised in the contemporary world. In terms of its role, however, the concept of public interest can be best described “as a common denominator uniting diverse social interests” which serves the legitimisation and programmatic purposes in a given society.
Permanent Link: http://hdl.handle.net/11104/0321237