نوع مقاله : علمی پژوهشی
نویسنده
استادیار گروه حقوق، دانشکده علوم انسانی و اجتماعی، دانشگاه شمال، آمل، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Public interest is one of the complicated concepts in social sciences. This cocept, in a general and simple definition, includes things that are beneficial and desirable for the public. To protect public interests, the government needs the participation of all citizens. But the citizens are not able to do this important task through traditional litigation. This is why today, in many countries, natural persons or private legal entities have been given the right to file an independent lawsuit in line with public interests, especially in matters related to the fundamental rights of citizens, even if they do not have a direct interest in it. This research, with the approach of comparative analysis and analytical-descriptive method, after discussing about the nature and characteristics of public interest litigation, first examines the experience of filing this lawsuit in India and then seeks to find the question whether it is possible to file such a lawsuit in Iranian law or not. In Indian law, in various issues related to the public interests of the society, specially the issues where the private plaintiff is not able to file a lawsuit due to poverty or iliteracy, variuos individuals or groups can approach the court for relief. In this country, any person who has “sufficient interet” -regarless of direct and personal interest- can file a lawsuit in the Indian Suprem Court or in the state High Courts, provided that he or she does not have political and incorrect motives. In Iranian law, there is no mention of public interest litigation, although in some laws and regulations, some measures - generally insufficient and less effective - can be observed in order to protect public interests or restore public rights. Therefore, Iranian law should make it possible to file such a lawsuit by taking advantage of the experiences ofothercountries,especiallyIndia.
کلیدواژهها [English]
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