Justifying justiciability: healthcare resource allocation, administrative law and the baseline judicial role
نویسندگان
چکیده
A long-standing problem in United Kingdom law concerns the proper relationship between judicial review and healthcare resource allocation. Traditionally, decisions concerning allocation are non-justiciable. This position has already been departed from positive law, but few within academic literature have discussed theoretical justification for such a departure. article draws upon on public theory makes three arguments favour of this First, doctrine non-justiciability is an inflexible – thus inappropriate form restraint. Second, one cannot sensibly distinguish cases with allocative impact (which justiciable) The latter therefore should not be Third, ultra vires entails that both justiciable consistent requirements rule these must subject to possibility procedural rationality review. establishes baseline role
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ژورنال
عنوان ژورنال: The Northern Ireland legal quarterly
سال: 2023
ISSN: ['2514-4936', '0029-3105']
DOI: https://doi.org/10.53386/nilq.v73i4.982