Administrative Limitations of Patient’s Autonomy – Remarks on Involuntary Treatment
Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22
Abstract
Public administration operates under a wide variety of legal forms as well as regulates a broad scope of citizens’ day-to-day activities. Disease surveillance conducted by specialized organs called ‘administrative police’ is one of many subjects of state interest that is also vital for individuals’ selfdetermination. Under the competences of epidemic intelligence, public authorities may also interfere within the scope of patients’ autonomy, e.g. compulsory vaccination. However, the given procedural standard is not suffi cient, i.e. procedural guaranties which are optimal for mere adjudicative, ‘courtroom’, adversarial process of decision-making seems to lessen the right to fair administrative trial and as such may be recognized as unconstitutional one. Th is is to say administrative proceedings are not coherent with the essence of patient’s autonomy doctrine (concept). In this study authors address several issues connected both with the legal framework of proceedings before ‘administrative police’ and judicial review of public authorities’ actions which aff ect the individual’s right of self-determination.
Authors and Affiliations
Krzysztof Michalak, Jakub Grzegorz Firlus
Keywords
Related Articles
- EP ID EP337498
- DOI 10.15290/bsp.2017.22.02.10
- Views 53
- Downloads 0
Th e Role of the Electoral Commissioner in the Division of Municipalities Into Constituencies
Th e subject of this article is to analyze the role of the electoral commissioner in the process of creating constituencies for municipal elections. It presents the evolution of the position of the electoral commissioner...
Th e Participation of the Social Factor in the Judiciary from a Constitutional Perspective
Th e article presents the issue of social factor in the administration of justice from the perspective of constitutional rules. Th e aim of these considerations is to analyze the issue of limitation of the participation...
Could the Election Deposit Become an Electoral Qualifi cation? Remarks on the Example of the Election of Head of State
An election deposit, understood as an obligation to pay a sum of money necessary to register a candidate in the elections, is not usually treated as an electoral qualifi cation. Th e deposit is levied as a hedge against...
Granice uwzględniania woli testatora z zaburzeniami psychicznymi w polskim prawie spadkowym
Th e article describes the borders of acknowledgement of the actual will of a mentally defi cient testator under Polish inheritance law, which is an issue of vital importance in an ageing society. Th is is done by analys...
International Student Mobility: European and Russian Practices
Th e Russian Federation is a relatively new player in the fi eld of international education, although a strapping one, boasting more than 296 thousand inbound students in 2015/2016 according to the Project Atlas’ data. H...