A Normative Framework for Public Health Law

• Author / Creator

  Shelley, Jacob Jordan

• 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.

• Subjects / Keywords

  • Public health
  • law
  • liberty
  • rule of law
  • public health law

• Graduation date

  Fall 2009

• Type of Item

  Thesis

• Degree

  Master of Laws

• DOI

  https://doi.org/10.7939/R33C8M

• License

  This thesis is made available by the University of Alberta Libraries with permission of the copyright owner solely for non-commercial purposes. This thesis, or any portion thereof, may not otherwise be copied or reproduced without the written consent of the copyright owner, except to the extent permitted by Canadian copyright law.