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Role of the Courts

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Role of the Courts

Category: Coursework

Subcategory: Health

Level: Masters

Pages: 1

Words: 550

Role of the Courts in Healthcare
Name
Institutional Affiliation
Date

State Police Powers and Healthcare
The intersection between state police powers and healthcare has grown over the past few years because of various factors (Galva, Atchison & Levey, 2005). First of all, post the September 11 terror attract and a consequent anthrax attack, there was an increased realization of the role of healthcare in national security. On the other hand, there is also an increasing desire for the protection of individual rights from interference by the state (Galva, Atchison & Levey, 2005). The state police powers are available to mediate between the two factors. They ensure that individual rights are respected by the state. It also determines when it is necessary to override when various individual rights for the public good. For example, in case of a contagious disease outbreak, it may be necessary to curtail the freedom of movement in order to prevent the spread of disease. Apart from the special occasion, there state police powers are continually needed in the enacting and enhancing of current healthcare policies. The courts are often called to arbitrate between parties whenever there is a conflict of interests.
Constitution Supremacy Clause
The constitution supremacy clause states that the federal laws supersede the state law. For this reason, states are cannot interfere with federal laws. They cannot also start performing responsibilities that are a pure prerogative…

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