Revisiting the judicial role in the allocation of healthcare resources: on deference, democratic dialogue and deliberation
Bibliographic record
Abstract
The objective of this paper is to engage in critical reconsideration of the nature and value of the judicial role in situations where courts adjudicate upon questions connected to the allocation of scarce healthcare resources via the processes of public law. The argument posited is that the predominantly negative perspective which is adopted towards judicial involvement in issues of this type, although to some extent explicable, fails to capture the potential for public law adjudication to function as a deliberative mechanism. This is important because the dominant strand in contemporary health policy theory identifies proceduralisation through deliberative arrangements as a response to the problems, notably those of legitimacy, which have been generated by the evolution and development of explicit strategies of priority-setting or the ‘rationing’ of access to healthcare resources. In order to assess the prospects of the courts fulfilling a deliberative role of this type, a comparative survey of three jurisdictions in which such issues have come before the courts — England, Canada and South Africa — will be conducted.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.095 | 0.088 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.002 |
| Science and technology studies | 0.016 | 0.132 |
| Scholarly communication | 0.023 | 0.022 |
| Open science | 0.004 | 0.018 |
| Research integrity | 0.012 | 0.014 |
| Insufficient payload (model declined to judge) | 0.002 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".