Public health law is in the midst of a crisis of public confidence, which, this paper contends, has resulted from the lack of a thorough normative framework to ground public health law. This paper attempts to fill this gap by articulating a normative framework for public health law, situating it within a rule of law tradition in a limited, democratic state. This paper proceeds in three parts: it begins with a descriptive analysis of public health law; it examines the normative theories of rule of law and liberty; and, it examines public health law in light of the normative theories. This paper concludes that public health law, conceived as government interference, is consistent with rule of law and liberty and that rule of law and liberty help provide public health law with a normative framework.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:AEU.10048/603 |
| Date | 11 1900 |
| Creators | Shelley, Jacob Jordan |
| Contributors | Timothy Caulfield (Faculty of Law), Frederick DeCoste (Faculty of Law), Kim Raine (School of Public Health) |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | 938990 bytes, application/pdf |
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