The notion of public interest : with an analysis of Maltese jurisprudence

Abstract

The notion of 'public interest' has given rise to considerable debate. Its constant repetition in politicians' speeches and in legislative pieces has brought with it a need for a closer look into this concept with both theoretical and practical implications. Thus in this sphere of study a need arises to examine the term both in a philosophical manner and in a practical one. Chapter One purports to highlight the major philosophical implications. The remaining Chapters deal with the more practical aspect of the study, namely an analysis of jurisprudence particularly on the local level, without ignoring however the decisions of the European Court of Human Rights which leave a wealth of material. The Maltese Courts on their part have shown an attitude of acceptance of the 'public interest' on the one hand (Chapter Two and Chapter Five) and an attitude of challenging the purported 'public interest' on the other (Chapter Three). This has proven to be an interesting aspect of Maltese jurisprudence. Chapter Four then deals with the main terms and phrases used in cases involving the 'public interest' particularly in the decisions of the European Court of Human Rights. Throughout the analysis emerges a tension between the subjective and objective approaches towards broaching the subject. In fact the thesis concludes with the opinion of the author on the matter.