This archive report was first published on 30 July 2019.
Published on July 30, 2019, the concept of public interest is a cornerstone of democratic governance, emphasizing the welfare and good of the general public.
As a legal principle, public interest supersedes private or sectional interests in public decision-making processes, encompassing issues such as public health, security, law and order, environmental protection, consumer rights, privacy, and national defense.
Lord Hailsham's statement in the UK House of Lords case of D versus National Society for the Prevention of Cruelty to Children highlights the liberal jurisprudential approach to public interest, stating that 'the categories of public interest are not closed.'
Chris Wheeler, a noted jurist, emphasizes that public officials have an overarching obligation to act in the public interest, meaning administrators, legislators, and judges cannot ignore the impact of their decisions on issues of public interest.
Protecting public interest requires a delicate balance between competing public interests, as seen in the Australian case of McKinnon versus Secretary, Department of Treasury, where the court declared that public health, national security, anti-terrorism, defense, or international obligations may constitute overriding interests.
By upholding public interest, our courts can regain the confidence of citizens and ensure the independence of the Judiciary, which can only flourish where judicial officers are seen to be protecting and defending the wider interest of society.
