To Interfere or Not to Interfere? The Court’s Dilemma1
from Part III - What Role for Courts?
Published online by Cambridge University Press: 21 January 2021
Can courts play a legitimate and competent role in the adjudication of the right to health? If so, what should this role be? These questions are of course not peculiar to the right to health. They are age-old ones that have been accompanying social and economic rights in general ever since the idea of such rights started to gain traction. The issue is often referred to as the question of social rights justiciability. Social rights are perceived by many to present atypical challenges for courts due to the complexity of the issues that their implementation involves, in particular, the requirement of wide-ranging decision-making on how to collect and allocate societal resources among a myriad of complex social policies.
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