Law, Legitimacy and the Rationing of Health Care(ISBN=9780521857734) txt umd azw3 下载 fb2 pdf 在线 免费

Dr Keith Syrett argues for a reappraisal of the role of public

law adjudication in questions of healthcare rationing. As

governments worldwide turn to explicit rationing strategies to

manage the mismatch between demand for and supply of health

services and treatments, disappointed patients and the public have

sought to contest the moral authority of bodies making rationing

decisions. This has led to the growing involvement of law in this

field of public policy. The author argues that, rather than

bemoaning this development, those working within the health policy

community should recognise the points of confluence between the

principles and purposes of public law and the proposals which have

been made to address rationing's 'legitimacy problem'. Drawing upon

jurisprudence from England, Canada and South Africa, the book

evaluates the capacity of courts to establish the conditions for a

process of public deliberation from which legitimacy for healthcare

rationing may be derived.

1. Introduction

2. Why 'ration' healthcare resources?

3. How rationing takes place

4. Rationing and the problem of legitimacy

5. Rationing and the courts: theoretical perspectives

6. Rationing in the courts: England

7. Rationing in the courts: Canada

8. Rationing in the courts: South Africa

9. Conclusion

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