Riserva di scienza e tutela della salute. L'incidenza delle valutazioni tecnico-scientifiche di ambito sanitario sulle attività legislativa e giurisdizionale

Translated title of the contribution: [Autom. eng. transl.] Science and health protection reserve. The impact of technical-scientific assessments of the health sector on legislative and judicial activities

Research output: Book/ReportBook

Abstract

[Autom. eng. transl.] When the legislator or the judge are called to exercise their functions in the light of technical-scientific knowledge and assessments, they are required to draw them from qualified sources, both in terms of competence and reliability, and cannot merely rely on exercise of the respective forms of discretion. Thus, as a first approximation, we can understand the essential core of a principle of science reserve, based on a plurality of constitutional norms, as it emerges from an articulated jurisprudence of the Constitutional Court concerning the protection of health. From the study of this jurisprudence, which as a whole draws a constitutionally oriented model of relations between science, law and politics, as well as between legislation, administration and jurisdiction in scientifically characterized fields, the investigation presented in this volume moves. analytically examine the constitutive principles of such a model and discuss some of the problems underlying the events that have come to the attention of the constitutional judge: from the complex condition (of subjection, but also of domination) of the law in the face of the need to produce science-based norms. related, up to the criteria that guide the various jurisdictions to the solution of controversial scientific issues, passing through the role of the technical-scientific bodies of the administration as subjects mainly (though not exclusively) responsible for the processes of validating knowledge for public purposes. The research, which also makes use of an in-depth study of two cases of "pseudomedicine" (Di Bella and Stamina) emblematic of the short circuits that legislation and jurisdiction may run into in the presence of strong individual requests for access to scientific innovations (or presumed such ), proposes to read the aforementioned problems within unitary coordinates and to adopt the principle of the science reserve as a hermeneutic resource capable of identifying satisfactory solutions from a systemic point of view, capable in the final analysis of balancing the tension towards full and effective protection rights with that to the certainty of the legal system.
Translated title of the contribution[Autom. eng. transl.] Science and health protection reserve. The impact of technical-scientific assessments of the health sector on legislative and judicial activities
Original languageItalian
PublisherPacini Giuridica
Number of pages266
ISBN (Print)9788833791029
Publication statusPublished - 2019

Keywords

  • Diritto costituzionale
  • Scienza e diritto
  • Tutela della salute

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