قاعدة "المصلحة العامة مقدمة على المصلحة الخاصة" دراسة تأصيلية، ونماذج تطبيقية معاصرة

Abstract

• Abstract

This research focuses on a foundational study of a criterion for prioritizing between competing interests, known as the principle of "public interest takes precedence over private interest."

This is achieved by clarifying its formulations, related rules, elucidating its meaning, and the conditions for its application.

The research also presents evidence from both transmitted and rational sources, accompanied by contemporary application examples, using several methodologies such as: the inductive approach for gathering scientific material from its sources and resources, the descriptive approach for illustrating concepts and presenting applications, and the preferential approach for prioritizing between competing interests in the mentioned examples.

The research concluded with several results, among the most important of which are: the establishment of the principle's foundations among scholars, due to the strong evidence supporting it, while restricting its application to specific conditions and guidelines.

Its impact has appeared in various fields, manifested in a medical issue, namely: (anatomy: educational, epidemiological, and forensic), another societal issue, which is: (expropriation of private property for public interest), and an environmental issue, which is: (fishing using electric shocks).