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Reconstructive, Systematic, and Evolutionary Profiles of the Right to Health: Italian Constitutional Jurisprudence Analysis
Abstract
The paper aims to analyze the right to health, as enshrined in Article 32 of the Italian Constitution, by examining the rulings of the Constitutional Court; in particular, the jurisprudential data, investigated in parallel with the doctrinal one, will allow to reconstruct historically (starting from the discussion that took place in the Constituent Assembly) and systematically the evolution of the social law in question. Specific analysis will be reserved for the exegesis of Article 32 of the Constitution, the problem relating to the costs of the social right to health, the primacy of medical science with respect to the intervention of the legislator in the therapeutic field, and the relationship between the right to health and the Covid-19 pandemic.
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