Administrative law as a determinant of public health

被引:1
作者
Thomson, Stephen [1 ]
机构
[1] Australian Natl Univ, ANU Coll Law, Canberra, ACT, Australia
来源
CANADIAN JOURNAL OF PUBLIC HEALTH-REVUE CANADIENNE DE SANTE PUBLIQUE | 2024年 / 115卷 / 01期
关键词
Public health; Global health; Determinants of health; Regulation; Governance;
D O I
10.17269/s41997-023-00826-w
中图分类号
R1 [预防医学、卫生学];
学科分类号
1004 ; 120402 ;
摘要
Administrative law comprises the rules, values, and processes by which government and regulatory decision-making is subject to administrative monitoring, review, and accountability. It impacts public health in two ways: through the design, powers, and processes of institutions that enforce administrative law; and through the substantive rules of administrative law. Yet despite its fundamental regulation of the way in which public health decisions are made, insufficient research has been conducted on administrative law as a determinant of public health. Administrative law and public health operate as siloed academic disciplines with very little cross-disciplinary collaboration, engagement, or understanding. This results in major, untapped research opportunities exploring how administrative law could contribute to an optimized model of planetary health in both higher income and lower-middle income countries. Put simply, a holistic, global view of the determinants of public health must take due account of the accountability rules and controls that regulate how public health, and other, decisions are made. This commentary is a call to action to better understand how administrative law mechanisms, such as judicial review, administrative tribunals, ombudsmen, information commissioners, public auditors, and human rights monitors, can be designed or redesigned to better promote sustainable public health outcomes.
引用
收藏
页码:168 / 172
页数:5
相关论文
共 25 条
  • [1] Attorney-General's Department, 2023, ADM REV REF ISS PAP
  • [2] The Social Determinants of Health: It's Time to Consider the Causes of the Causes
    Braveman, Paula
    Gottlieb, Laura
    [J]. PUBLIC HEALTH REPORTS, 2014, 129 : 19 - 31
  • [3] Making the Case for Laws That Improve Health: A Framework for Public Health Law Research
    Burris, Scott
    Wagenaar, Alexander C.
    Swanson, Jeffrey
    Ibrahim, Jennifer K.
    Wood, Jennifer
    Mello, Michelle M.
    [J]. MILBANK QUARTERLY, 2010, 88 (02) : 169 - 210
  • [4] Cane Peter, 2021, THE OXFORD HANDBOOK OF COMPARATIVE ADMINISTRATIVE LAW
  • [5] The effects of the justice system on mental health
    Clemente, Miguel
    Padilla-Racero, Dolores
    [J]. PSYCHIATRY PSYCHOLOGY AND LAW, 2020, 27 (05) : 865 - 879
  • [6] CLP E, 2021, LANCET PLANET HEALTH, V5, pE33, DOI DOI 10.1016/S2542-5196(21)00078-4
  • [7] Dahlgren G., 1991, Policies and strategies to promote social equity in health
  • [8] Daly P, 2015, PUBLIC LAW ADJUDICATION IN COMMON LAW SYSTEMS: PROCESS AND SUBSTANCE, P23
  • [9] Dingake OBK, 2017, HEALTH HUM RIGHTS, V19, P295
  • [10] Forsyth C. F., 2022, ADM LAW