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Law, Legitimacy and the Rationing of Health Care
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  • Cited by 9
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    This book has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Kuosmanen, Jaakko 2015. Towards ‘Human Rights Compatible’ Public Budgets - an Account of Institutional Virtues. Political Studies, p. n/a.

    Yamin, Alicia Ely and Lander, Fiona 2015. Implementing a Circle of Accountability: A Proposed Framework for Judiciaries and Other Actors in Enforcing Health-Related Rights. Journal of Human Rights, Vol. 14, Issue. 3, p. 312.

    de Fine Licht, Jenny 2014. Policy Area as a Potential Moderator of Transparency Effects: An Experiment. Public Administration Review, Vol. 74, Issue. 3, p. 361.

    McHale, Jean V. 2013. Faith, Belief, Fundamental Rights and Delivering Health Care in a Modern NHS: An Unrealistic Aspiration?. Health Care Analysis, Vol. 21, Issue. 3, p. 224.

    Mendoza, Roger Lee 2012. A Case Study of Infant Health Promotion and Corporate Marketing of Milk Substitutes. Health Care Analysis, Vol. 20, Issue. 2, p. 196.

    Morrow, Helen 2011. INTEGRATING DELIBERATIVE JUSTICE THEORY INTO SOCIAL WORK POLICY PEDAGOGY. Journal of Social Work Education, Vol. 47, Issue. 3, p. 389.

    Syrett, Keith 2011. Health technology appraisal and the courts: accountability for reasonableness and the judicial model of procedural justice. Health Economics, Policy and Law, Vol. 6, Issue. 04, p. 469.

    Carrier, Annie Levasseur, Mélanie and Mullins, Gary 2010. Accessibility of Occupational Therapy Community Services: A Legal, Ethical, and Clinical Analysis. Occupational Therapy In Health Care, Vol. 24, Issue. 4, p. 360.

    2010. Law and Ethics in Children's Nursing.

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    Law, Legitimacy and the Rationing of Health Care
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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.


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