TAILIEUCHUNG - Law, Legitimacy and the Rationing of Healthcare A Contextual and Comparative Perspective

I would like to thank those with whom I have worked both at the University of Bristol and at the University of East Anglia for their friend- ship, encouragement and advice in the years leading up to the publication of this book. Particular thanks are due to Caroline Ball, Dave Cowan, James Davey, Bronwen Morgan, Jill Morgan, Tony Prosser, Oliver Quick, Mike Radford, Claudina Richards and Mark Stallworthy. | CAM XIIKit Law Legitimacy and the Rationing of Health care A contextual and comparative Perspective Kfith Sựett 9780521857734 Cambridge This page intentionally left blank Law Legitimacy and the Rationing of Healthcare A Contextual and Comparative Perspective Keith Syrett argues for a reappraisal of the role played by public law adjudication in questions of healthcare rationing. As governments worldwide turn to strategies of explicit rationing 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. DR KEITH SYRETT is a Solicitor and Senior Lecturer in Law at the University of .

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