Abstract
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 language | English |
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Title of host publication | International Encyclopedia of Public Health |
Publisher | Elsevier Inc. |
Pages | 384-390 |
Number of pages | 7 |
ISBN (Electronic) | 9780128037089 |
ISBN (Print) | 9780128036785 |
DOIs | |
Publication status | Published - 6 Oct 2016 |
Externally published | Yes |
Keywords
- Access
- Administrative Law
- Constitutional Law
- Equity
- Infectious disease
- Legislation
- Litigation
- Noncommunicable disease
- Private Law
- Public Health Law
- Public Law
- Regulation