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@article{ART001638468},
author={RHEE, VAN},
title={Reviewing the Administrative Law by Interests Balance: Public Right},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2012},
number={54},
pages={181-220}

TY - JOUR
AU - RHEE, VAN
TI - Reviewing the Administrative Law by Interests Balance: Public Right
JO - DONG-A LAW REVIEW
PY - 2012
VL - null
IS - 54
PB - The Institute for Legal Studies Dong-A University
SP - 181
EP - 220
SN - 1225-3405
AB - With the start of “Interests balance” in the recent administrative law, many scholars argue about the needs of reconsidering the existing theories on public rights. Since limited resources have aggravated conflicts between interests, the prior duty of governments is to identify “fundamental interests” which should be protected. Congress should identify these fundamental interests and legislate a law. Therefore, the law should provide general and abstract standards of balancing concerned interests. However, it is impossible for Congress to provide standards suitable for all possible cases which need interest balances. Thereby, limited functions of legislation has threatened “rule of law”. Where the law could not provide perfect or at least appropriate standards of balancing interests, how could legitimate and reasonable decisions be made for each individual case? Particularly, the public rights (standing) is in the center of the administrative law. This paper tried to review the existing theories of public rights in the view of “interests balance”. Regardless of how far results of reviewing the theories could deviate from existing arguments, it is clear that an interests balance approach helps beginners to identify and understand merits and demerits of the existing theories on the public rights. In addition, it seems to be meaningful to review whole systems of the administrative law from an aspect of interests balance.
KW - Public Right;Balancing Interest;Legal Interest;De Pacto Interest;Discretion
DO -
UR -
ER -

RHEE, VAN. (2012). Reviewing the Administrative Law by Interests Balance: Public Right. DONG-A LAW REVIEW, 54, 181-220.

RHEE, VAN. 2012, "Reviewing the Administrative Law by Interests Balance: Public Right", DONG-A LAW REVIEW, no.54, pp.181-220.

RHEE, VAN "Reviewing the Administrative Law by Interests Balance: Public Right" DONG-A LAW REVIEW 54 pp.181-220 (2012) : 181.

RHEE, VAN. Reviewing the Administrative Law by Interests Balance: Public Right. 2012; 54 : 181-220.

RHEE, VAN. "Reviewing the Administrative Law by Interests Balance: Public Right" DONG-A LAW REVIEW no.54(2012) : 181-220.

RHEE, VAN. Reviewing the Administrative Law by Interests Balance: Public Right. DONG-A LAW REVIEW, 54, 181-220.

RHEE, VAN. Reviewing the Administrative Law by Interests Balance: Public Right. DONG-A LAW REVIEW. 2012; 54 181-220.

RHEE, VAN. Reviewing the Administrative Law by Interests Balance: Public Right. 2012; 54 : 181-220.

RHEE, VAN. "Reviewing the Administrative Law by Interests Balance: Public Right" DONG-A LAW REVIEW no.54(2012) : 181-220.