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A crisis of governance?
1London School of Hygiene and Tropical Medicine, Keppel Street, London WC1E 7HT, UK. martin.mckee@lshtm.ac.uk
Journal of Public Health (Oxford, England)
|July 28, 2006
Summary
Recent UK legislation challenges parliamentary sovereignty, impacting public health law and human rights. Professionals face implementing flawed laws, risking trust and individual rights in public health policy.
Area of Science:
- Public Health Law
- Constitutional Law
- UK Politics
Background:
- Contemporary legislative and constitutional developments in the United Kingdom.
- Exploration of the implications of these developments for public health.
Purpose of the Study:
- To examine the impact of overturned conventions on public health legislation.
- To analyze the conflict between recent laws and human rights.
- To assess the challenges faced by public health professionals.
Main Methods:
- Analysis of parliamentary sovereignty in the UK.
- Review of legislative conventions and judicial review.
- Examination of contemporary public health laws and their effects.
Main Results:
- The convention of parliamentary scrutiny, common law respect, and judicial review has been overturned.
- Recent laws conflict with human rights, are unworkable, or damaging.
- Public health professionals face implementing poorly conceived legislation, eroding trust.
Conclusions:
- A rebalancing of power within the UK government branches and constituent parts is necessary.
- Constitutional reform is a long-term goal.
- Immediate actions include holding the executive accountable and recognizing public health dangers.
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