Joe Public v. The General Public: The Role of the Courts in Israeli Health Care Policy

• Published in: The Journal of law, medicine & ethics Vol. 33; no. 4; pp. 650 - 659
• Main Authors: Shalev, Carmel, Chinitz, David
• Format: Journal Article
• Language: English
• Published: Oxford, UK Blackwell Publishing Ltd 01.12.2005; SAGE Publications; Sage Publications, Inc; Cambridge University Press
• Subjects: Bioethics; Civil rights; Court decisions; Courts; Financing, Government - legislation & jurisprudence; General public; Government regulation; Health care policy; Health Care Rationing - legislation & jurisprudence; Health care reform; Health Care Reform - legislation & jurisprudence; Health Care Reform - trends; Health care services policy; Health Policy; Health Services Accessibility - legislation & jurisprudence; Health technology assessment; Humans; Insurance, Health - legislation & jurisprudence; Israel; Judicial review; Laws, regulations and rules; Litigation; Medical policy; National health insurance; National Health Programs - legislation & jurisprudence; Patient Rights - legislation & jurisprudence; Simon, Paul; Social Justice; Israel; Legal Approach; Health Care and Public Health
• ISSN: 1073-1105; 1748-720X
• DOI: 10.1111/j.1748-720X.2005.tb00533.x

“ One man’s ceiling is another man’s floor ” Paul Simon The words of Paul Simon capture the essence of what the courts are called upon to deal with when adjudicating matters of health. Wealthier and healthier neighbors living in the upstairs apartment are, all things being equal, not overly interested in raising the floor of their apartment in order to create more space for those in the apartment below. The floor is tangible, measurable and movable, and thus a subject where science can contribute much. However, where to locate the floor is a matter of values and thus largely in the realm of politics. Resorting to the courts in matters of public policy can be seen as the residual of the inability of the remaining two branches of government, the legislature and the executive, to succeed in allocating resources and regulating the system. When the combination of science (bureaucracy) and politics (legislation) falters, enter the judiciary.