Legal Issues in Public Health

Stephanie P. Kowal, Tania Bubela

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review


Public health law theory enables a nuanced understanding of the role of government in creating the conditions for people to be healthy, the reasonable limits that governments may place on personal freedom to promote the health of the population. It provides a framework in which to understand the legal basis for the enactment and operation of public health laws. Legal issues in public health, including those that drive litigation, occur when misalignments between legislation, regulation, and policy cause legislators or their delegates to misuse (either overstep or underuse/neglect) their powers. We further discuss litigation in public and private law contexts as a powerful tool to advance the interests of public health advocates.

Original languageEnglish
Title of host publicationInternational Encyclopedia of Public Health
PublisherElsevier Inc.
Number of pages7
ISBN (Electronic)9780128037089
ISBN (Print)9780128036785
Publication statusPublished - 6 Oct 2016
Externally publishedYes


  • Access
  • Administrative Law
  • Constitutional Law
  • Equity
  • Infectious disease
  • Legislation
  • Litigation
  • Noncommunicable disease
  • Private Law
  • Public Health Law
  • Public Law
  • Regulation


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