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'Border Country': health law in a devolved UK.
John Harrington1, Abbie-Rose Hampton2
1School of Law and Politics, Cardiff University, Wales, UK.
Understanding health law in the UK requires examining borders. Devolved health law creates and blurs territories, influencing policy on infectious diseases, healthcare access, and abortion through distinct bordering processes.
Area of Science:
- Socio-legal studies
- Health law
- Jurisprudence
Background:
- Devolution in the United Kingdom has led to distinct health law frameworks across its constituent nations.
- Existing research often overlooks the geographical and territorial dimensions of health law under devolved governance.
Purpose of the Study:
- To explore the concept of the border as a critical analytical tool for understanding devolved health law.
- To examine how bordering processes shape policy and legislation in key health areas within the UK's devolved context.
Main Methods:
- Theoretical review integrating concepts from law and geography, specifically 'border thinking'.
- Case study analysis of thematic areas: infectious disease control, healthcare access, and abortion.
- Examination of recent policy, legislation, and constitutional changes related to devolution.
Main Results:
- The concept of the border is central to the production and implementation of devolved health law.
- Health law actively creates and modifies territories, exhibiting diverse bordering practices.
- Specific bordering processes were identified in infectious disease control, healthcare access, and abortion policy.
Conclusions:
- Border thinking offers a valuable framework for researching health law under devolution.
- A cross-disciplinary research agenda encompassing legal, ethical, and socio-legal perspectives is proposed.
- Future research should investigate the complex interplay between territory, law, and health governance in devolved states.
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