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  1. Home
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  3. Law, Legitimacy and the Rationing of Health Care
  • Cited by 28
Publisher:
Cambridge University Press
Online publication date:
July 2009
Print publication year:
2007
Online ISBN:
9780511495380
DOI:
https://doi.org/10.1017/CBO9780511495380
Subjects:
Law: General Interest, Medicine: General Interest, Medico-Legal, Bioethics and Health Law, Law, Medicine
Series:
Cambridge Law, Medicine and Ethics (6)
Information

Book description

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.

Reviews

"...Drawing upon jurisprudence from England, Canada, and South Africa, the book evaluates the capacity for courts to establish conditions for a process of public deliberation from which legitimacy for healthcare rationing may br derived."
--Dr. Keith Dyrett, University of Bristol, Issues in Law and Medicine, Vol. 24, No.2

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