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November 30, 2017
As a public administrator, I would pinpoint problems so that appropriate decisions could be made. I would evaluate all opinions regarding the public interest so that the decisions would reflect the needs of the population. The public interest is the view from a political standpoint whereas Public Best Interest relates to universal well-being.
I would define the public interest as various opinions in the process of forming a determined social and collective interest. The notion of public interest began after the French Revolution during which revolutionaries claimed that their actions were guided by the common good, which allowed for greater acceptance by society and justified the power of the state, especially in situations that imposed restrictions on the rights of individuals. The public interest is commonly considered an undetermined legal concept because the legal definition is under construction and relies on the judicial system to construct its meaning (Burton, 2011). The use of this undetermined concept serves as a kind of shield (Burton, 2011) for public administrators in performing their concrete activities. Simultaneously, within the administrative law, the public interest guides the performance of public administrators since they serve the public interest under the penalty of removal when they misuse that purpose (Dever, 2008).
The public best interest is the social interest that, through individual opinions brought together, forms a collective interest, that is, one interest for all. Thus, when public administrators sign an administrative act, it should not be modified, annulled, or revoked, as it delivers a fundamental, or acquired, right. Even if the administrator is notified of an appeal and must present a defense, the appeal is not sufficient since that administrative act was duly judged and publicized by the administration. The public becomes unavailable, in this view, after they have acquired a right. It is understandable that public administrators have the power to decide, revoke, and modify a certain act, but after analyzing, deciding, and publicizing certain acts, the administrators cannot then revoke the acquired right for both individuals and collective society.
There are seven principles that concern the unavailability of the public interest. For an act to be considered legal, it must be expressly written in the law; thus, “the principle of legality makes explicit the subordination of administrative action to the law and as a natural consequence of the unavailability of the public interest” (Johnson, 2007). It should be noted that administrative activity is exercised only with a legal provision that regularly authorizes certain goals that are being sought for a purpose. The principle of a mandatory performance of public activity reflects the situation of duty in which the administration is—directly or indirectly—in face of the law.” The administration is the solution to the problem in that the public interest must be satisfied, so the wording of a law must fulfill the intended wishes of the community. The principle of administrative control or guardianship refers to “the management of unavailable, in principle, would be carried out, all through the state itself, directly, that is, through the set of organs designated, in their entirety, as administration.” The principle of equality or equality of those administered concerns those “in charge of managing the interest of the whole community” (Sanders, 2010).
There are then seven principles that refer to the understanding of interest Public, see each of these principles to understand the principle of unavailability. For an act to be considered legal must be expressly in law, thus, "The principle of legality makes explicit the subordination of administrative action to the law and as a natural consequence of the unavailability of the public interest” (Johnson, 2007). It should be noted that administrative activity is exercised only with the legal provision that regularly and authorize certain goal that is being sought for a particular purpose. The principle of a mandatory performance of public activity reflects the situation of duty in which the administration is - directly or indirectly - in face of the law ".
The administration is the solution of the problem, in the public interest that must be satisfied, the wording that is expressed in the law to fulfill the intended by the community. The principle of administrative control or guardianship refers to "the management of unavailable, in principle, would be carried out, all through the State itself, directly, that is, through the set of organs designated, in their entirety, as Administration. The principle of equality or equality of those administered in the face of "In charge of managing the interest of the whole community and administration does not have on these goods that entitle him to treat unequally those whose interest (Sanders, 2010).