Opinions on the Legal Significance of the Right to Health

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

Vergaberechtsschutz im Spannungsfeld zwischen Beschleunigungsgebot und Gewährung effektiven Rechtsschutzes

10.5771/9783845297989 ◽

2019 ◽

Author(s):

Hsi-Ping Chen

Keyword(s):

Rule Of Law ◽

Public Procurement ◽

German Law ◽

Legal Protection ◽

The Other ◽

The Rule Of Law ◽

Other Hand ◽

The One ◽

Substantive Law ◽

The Eu

The German Law on public procurement remedies, implementing the EU Remedies Directives into national law, has to engage in a balancing act between effective legal protection of bidders and the necessary acceleration of the award procedure. The book develops solutions for conflicts between the abovementioned opposing interests, which are consistent with the pluralistic paradigm of the European legal area, and the standards of assessment of the EU primary substantive law on public procurement. The Europeanisation of the German Law on public procurement remedies is analysed in detail. The work deals with the establishment and improvement of effective legal protection of bidders on the one hand and, on the other hand, shows that the acceleration of the award procedure within the framework of the procedural system is bounded by the rule of law. The book carves out strengths and deficits of the German Law on public procurement remedies.

Child care and health rights: perspectives of adolescent mothers

Revista da Escola de Enfermagem da USP ◽

10.1590/s0080-623420150000500004 ◽

2015 ◽

Vol 49 (5) ◽

pp. 733-740 ◽

Cited By ~ 2

Author(s):

Jaqueline Silva Santos ◽

Raquel Dully Andrade ◽

Juliana Coelho Pina ◽

Maria de La Ó Ramallo Veríssimo ◽

Anna Maria Chiesa ◽

...

Keyword(s):

Health Care ◽

Child Health ◽

Adolescent Mothers ◽

Right To Health ◽

Fundamental Rights ◽

Child Health Care ◽

Child Advocacy ◽

Structured Interviews ◽

Right To Health Care ◽

The Right

AbstractOBJECTIVETo analyze child health care and the defense of their rights from the perspective of adolescent mothers.METHODSAn exploratory study with qualitative thematic analysis of data, based on conceptual aspects of care and the right to health, from semi-structured interviews with 20 adolescent mothers ascribed by Family Health teams.RESULTSMaternal reports indicate that child health care requires responsibility and protection, with health practices that promote child advocacy. Gaps in assistance which preclude the full guarantee of the right to child health care were also highlighted.CONCLUSIONThe right to health care assumed different meanings, and the forms to guarantee them were linked to individual behavior in detriment to broader actions that consider health as a social product, connected to the guarantee of other fundamental rights.

The Rule of Law

Political Concepts ◽

10.5422/fordham/9780823276684.003.0011 ◽

2017 ◽

Author(s):

J. M. Bernstein

Keyword(s):

Coercive Force ◽

Rule Of Law ◽

Necessary Conditions ◽

The State ◽

The Other ◽

The Rule Of Law ◽

Other Hand ◽

The One ◽

Formal Features

This chapter analyzes the concept of rule of law. It examines Gustav Radbruch's theory since his argument against the extremes of Nazi law was a pivotal moment in the re-emergence of antipositivist conceptions of legality. It then elaborates Lon L. Fuller's account of eight constitutive, formal features of law that, he contends, begin to get at the “inner morality of law.” Next, the chapter offers a version of Caesar Beccaria's argument that the formal and procedural elements constituting the rule of law should be conceived as, on the one hand, generating the necessary conditions for relations between the citizen and the state and, on the other hand, among citizens themselves that will be sufficient to free individuals from coercive, force-based relations both among themselves and between themselves and the state.

Public Health Legislation and Patient's Rights

Advances in Medical Education, Research, and Ethics - Organizational Culture and Ethics in Modern Medicine ◽

10.4018/978-1-4666-9658-7.ch013 ◽

2016 ◽

pp. 298-322

Author(s):

Anna Mokrzycka ◽

Iwona Kowalska-Bobko

Keyword(s):

Health Care ◽

Right To Health ◽

Fundamental Rights ◽

Right To Health Care ◽

Contemporary World ◽

Eu Directive ◽

Patient’S Rights ◽

The Common ◽

The Right ◽

Health Legislation

The right to health care in a contemporary world is widely recognized as one of the fundamental rights included into human rights concept. Despite such general acceptation the meaning and scope of right to healthcare is not universally understood in the same manner. The process of unification has been initiated some years ago and is still being developed. The very first grounds in this regard are: legislation and political documents, like health strategies, programs and plans - both at the common and national levels. The two most important documents influencing and changing the right to health care today in Europe are Health 2020 Strategy and EU Directive on Patient's rights in cross-border care. These documents have important impact on national legislation of EU countries. They change the systemic perspective and create new approach towards patient's rights in this region. Hereby, the main features of the process and analysis of the documents referring to the Polish example are presented.

Europe

10.5771/9783748909767 ◽

2020 ◽

Keyword(s):

Rule Of Law ◽

Security Policy ◽

The Other ◽

The Rule Of Law ◽

Other Hand ◽

The World ◽

Foreign And Security Policy ◽

The One ◽

Two Sides ◽

The Eu

In the years before the Covid-19 crisis confronted the world with unprecedented challenges, the EU showed two sides of itself: On the one hand, it gave cause for hope, having overcome several crises and presenting itself to the world as a defender of multilateralism and a stronghold of democracy. On the other hand, however, its weaknesses remained visible: its lack of coherence in foreign and security policy; its insufficient influence in its neighbouring regions; and its internal contradictions with regard to upholding the rule of law among its member states. The essays gathered here offer a review of two years of EU politics. With contributions by Laurent Baechler, Anna Dimitrova, Mohamed Ane, Sebastian Franzkowiak, András Inotai, Gabriel N. Toggenburg, Arnaud Leconte, Kyriakos Revelas, Hartmut Marhold, Jean-Claude Vérez, Jean-Marie Rousseau, Susann Heinecke, Florent Marciacq, Tobias Flessenkemper, Magda Stumvoll, Marta-Claudia Cliza, Laura-Cristiana Spataru-Negura, Claude Nigoul, Pinar Selek, Yvan Gastaut.

The Chinese Advantage in Emergency Law

Global Jurist ◽

10.1515/gj-2020-0032 ◽

2020 ◽

Vol 0 (0) ◽

Author(s):

Ugo Mattei ◽

Liu Guanghua ◽

Emanuele Ariano

Keyword(s):

Rule Of Law ◽

Population Surveillance ◽

The Other ◽

State Of Exception ◽

Critical Event ◽

Legal Tradition ◽

The Rule Of Law ◽

Legal Response ◽

Other Hand ◽

The One

AbstractThis Article has a twofold purpose. On the one hand, it offers comparative materials for an informed discussion of COVID-determined emergency law in China and Italy by assessing its normative implications and political genealogy. On the other hand, it explores the essential contiguity between the ‘state of exception’ triggered by the pandemic and the possible geopolitical shifts in global legal hegemony in the actual phase of surveillance capitalism which is witnessing a decline of law as a form of social organization and its replacement by the predictive models elaborated by technology. In this respect, the traditional Western iconography has long described the Chinese legal tradition as a “law without law”, a despotic regime with intrusive population surveillance whose distance from the Western paradigm is deemed almost unbridgeable. And yet the legal response to coronavirus both in Europe and in the U.S. somewhat replicates the allegedly distant Chinese model in terms of restrictions and surveillance mechanisms which are being deployed to counter the crisis in the face of a formal commitment to the rule of law. This Article concludes that the emerging pre-eminence of the “rule of technology” over the “rule of law” in a critical event of historic proportions like a pandemic should and will set the future agenda of comparative studies in a double direction. On the one hand it calls for a truly critical reconsideration of role of law in society which in turn impels to rethink the hold of the liberal constitutional model and the obsolescence of traditional legal taxonomies. On the other hand, it might point to the emergence of an unexpected Chinese legal leadership, determined by the progressive undoing of the Western legal and political narratives whose backbone has been relentlessly eroded by decades of neoliberalism and populism.

Public Health Legislation and Patient's Rights

Health Care Delivery and Clinical Science ◽

10.4018/978-1-5225-3926-1.ch002 ◽

2017 ◽

pp. 25-48

Author(s):

Anna Mokrzycka ◽

Iwona Kowalska-Bobko

Keyword(s):

Health Care ◽

Right To Health ◽

Fundamental Rights ◽

Right To Health Care ◽

Contemporary World ◽

Eu Directive ◽

Patient’S Rights ◽

The Common ◽

The Right ◽

Health Legislation

The right to health care in a contemporary world is widely recognized as one of the fundamental rights included into human rights concept. Despite such general acceptation the meaning and scope of right to healthcare is not universally understood in the same manner. The process of unification has been initiated some years ago and is still being developed. The very first grounds in this regard are: legislation and political documents, like health strategies, programs and plans - both at the common and national levels. The two most important documents influencing and changing the right to health care today in Europe are Health 2020 Strategy and EU Directive on Patient's rights in cross-border care. These documents have important impact on national legislation of EU countries. They change the systemic perspective and create new approach towards patient's rights in this region. Hereby, the main features of the process and analysis of the documents referring to the Polish example are presented.

L'égalité selon la Cour suprême

Les Cahiers de droit ◽

10.7202/042190ar ◽

2005 ◽

Vol 18 (4) ◽

pp. 691-710

Author(s):

Denis Bourque

Keyword(s):

Supreme Court ◽

Rule Of Law ◽

The Other ◽

Bill Of Rights ◽

The Rule Of Law ◽

The Supreme Court ◽

The Subject ◽

The Law ◽

The One ◽

The Right

Clause 1(b) of the Canadian Bill of Rights specifies that every person has the right to equality before the law. The purpose of this article is to analyse, on the one hand, the meaning that the judges of the Supreme Court have given to this concept of equality before the law and, on the other hand, the way in which they have applied this aforementioned principle of Clause 1(b) of the Canadian Bill of Rights. Four judgements are the subject of Mr. Bourque's study. He concerns himself with the Drybones, Lavell, Burnshine and Canard judgements. In the course of analysing these cases, Mr. Bourque brings out the shilly-shallying of the judges in connection with their concept of equality before the law. In spite of this beating about the bush two concepts emerge at the level of the judges of the Supreme Court, namely an equalitarian concept of equality before the law, and a concept which makes equivalent equality before the law and the rule of law. According to Mr. Bourque, the analysis of these four judgements shows that it is the concept which makes equivalent equality before the law and the rule of law, which represents, the position of the Supreme Court, at the present time.

Demokratischer Konstitutionalismus

10.5771/9783748900078 ◽

2021 ◽

Keyword(s):

Welfare State ◽

Rule Of Law ◽

Fundamental Rights ◽

The Other ◽

Liberal State ◽

The Rule Of Law ◽

The One ◽

Party State ◽

The Welfare State

For Dieter Grimm, the constitution that emerged from the bourgeois revolutions of the 18th and 19th centuries appears as one of the greatest achievements of our time. Originally geared to the liberal state, it now faces challenges from within and without. The party state and the welfare state on the one hand, and Europeanisation and globalisation on the other, are escaping its grip. The question is therefore whether and how the specific conjunction of democracy and the rule of law, including fundamental rights, can be maintained under the changing conditions. With contributions by Wolfgang Hoffmann-Riem, Anna-Bettina Kaiser, Christine Landfried, Christoph Möllers, Ulrich K. Preuß, Dominik Rennert, Helge Rossen-Stadtfeld, Lars Viellechner, Uwe Volkmann, Hans Vorländer and Rainer Wahl.