El interés público como concepto jurídicoteoría de la determinación en sentido general

Abstract

This Doctoral Thesis proposes the theory of the determination in the general sense of the concept`s Public Interest, this thesis searches to build on constitutional seat the autonomous principle of public interest, in defense of the principles of legal certainty, effective judicial protection, right and empowerment of power primary constituent In this Doctoral Thesis I affirm that the public interest as indeterminate legal concept is a useless institution to address the complexities of association, due to the breadth of subjectivity (amplitud de subjetividad). The useless of this legal concept undetermined resolved by the admission of a type of concept that we dare call: legal concept of determination in general sense, which emerges on the one hand, recognizing the requirement that legal and democratic in constitution stipulated verbatim the concept of public interest, which would solve the breadth of determining who enjoy both the administration and the judge (breadth of subjectivity), and on the other, that this pops a new causal control the actions of the administration, which denominations: injury to the public interest.