Courts, Expertise and Resource Allocation: Is there a Judicial 'Legitimacy Problem'?

Public Health Ethics 7 (2):112-122 (2014)

Courts are increasingly obliged to adjudicate upon challenges to allocative decisions in healthcare, but their involvement continues to be regarded with unease, imperilling the legitimacy of the judicial role in this context. A central reason for this is that judges are perceived to lack sufficient expertise to determine allocative questions. This article critically appraises the claim of lack of judicial expertise through an examination of the various components of a limit-setting decision. It is argued that the inexpertise argument is weak when compared with other rationales for judicial restraint, such as the procedural unsuitability and lack of constitutional competence of courts
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Reprint years 2014
DOI 10.1093/phe/pht040
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 39,692
Through your library

References found in this work BETA

Principles of Justice in Health Care Rationing.R. Cookson & Paul Dolan - 2000 - Journal of Medical Ethics 26 (5):323-329.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles

Proceduralism, Judicial Review and the Refusal of Royal Assent.Yann Allard-Tremblay - 2013 - Oxford Journal of Legal Studies 33 (2):379-400.
Questioning Judicial Deliberations.Jan Komárek - 2009 - Oxford Journal of Legal Studies 29 (4):805-826.
Institutional Approaches to Judicial Restraint.Jeff A. King - 2008 - Oxford Journal of Legal Studies 28 (3):409-441.
Health Care Law.Linda Delany - 1993 - Health Care Analysis 1 (1):74-80.
Rules and Judicial Review.Emily Sherwin - 2000 - Legal Theory 6 (3):299-321.
Authenticating Expertise.Jason Borenstein - 2002 - International Journal of Applied Philosophy 16 (1):85-102.


Added to PP index

Total views
25 ( #307,142 of 2,327,791 )

Recent downloads (6 months)
6 ( #276,661 of 2,327,791 )

How can I increase my downloads?


My notes

Sign in to use this feature