Gradual transformation of public interest theory and its status in Iranian constitution law

Abstract

Public interest theory in governance and its reflection in Constitution Law are recently emerging in public law literature. Its concept and function differs country-by-country based on governing ideology of the society. Liberal states usually construe this theory by considering individual orientation and social states by society priority. The concept of public interest and the mechanism to achieve it in law and ethics philosophy in general and in Iranian Constitution in particular is a disputing discussion. We assume that any school construes public interest by its selected ideology in law philosophy and political theory. Likewise, by Iranian Constitution Law, it is perceived that respecting expediency especially "system expediency" has broad usage in governance especially upon revolution. Although respecting customary expediency does not seem so surprising.