Border country: health law in a devolved UK

Harrington, John ORCID: https://orcid.org/0000-0003-0957-3334 and Hampton, Abbie-Rose 2024. Border country: health law in a devolved UK. Medical Law Review 32 (2) , pp. 229-247. 10.1093/medlaw/fwae011

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Abstract

How are we to understand and research health law under devolution in the UK? Building on work in law and geography, we argue that the figure of the border is key to the production and implementation of devolved health law and the variety of forms that this takes. The utility of border thinking in this context is shown through a review of thematic areas, including infectious disease control, access to health care, and abortion, each instantiating a distinct bordering process. In each we consider recent developments in policy and legislation, framed with reference to constitutional change, and the politics of devolution in the UK. Taking Wales as an exemplary site, we argue that health law produces borders in traditional and non-traditional places. It creates and blurs territories. It is equally constituted by pluralistic bordering practices. On the basis of this theoretically-informed review, we conclude by proposing a cross-disciplinary legal, ethical and socio-legal research agenda for future research.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Publisher:	Oxford University Press
ISSN:	0967-0742
Funders:	Welsh Government - Sêr Cymru
Date of First Compliant Deposit:	16 March 2024
Date of Acceptance:	15 March 2024
Last Modified:	12 Jun 2024 13:44
URI:	https://orca.cardiff.ac.uk/id/eprint/167297

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