Article

Legitimacy & Litigation: The Right to Health Care

Author: Colleen M. Flood (University of Ottawa Centre for Health Law, Policy & Ethics)

  • Legitimacy & Litigation: The Right to Health Care

    Article

    Legitimacy & Litigation: The Right to Health Care

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Abstract

Much ink has been spilt by scholars over how courts should adjudicate socioeconomic rights, frequently by scholars in countries that do not expressly include such rights in their constitution. Pedro Felipe de Oliveira Santos describes well the formalist approach that drives many jurists and scholars to argue for minimalism on the part of courts adjudicating socioeconomic rights. The separation of power(s) argument is that courts are not democratically elected–governments are–and so the latter should be responsible for the complex trade-offs involved in allocating public funds to social programs.

Keywords: right to health care, healthcare, health care, brazil, colombia, canada

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Published on
01 Jan 2019