Solomon Benatar, David Sanders, and Stephen Gill
This chapter analyses the political influences that shaped reform of healthcare service provision and financing during four decades of neoliberal capitalist dominance, with its emphasis on individualism, consumerism, competitiveness, and the capitalist market in determining social needs and healthcare priorities. New financing sources and market competition, which shaped adoption of reforms, are contrasted with earlier reform efforts that were premised on the socialisation of risk and the universalisation of healthcare provision on an equitable basis for all. Transformation of state forms promoted the market and substantially weakened capacities to provide for basic needs. Controversy over these outcomes has coincided with astounding increases in global inequality, particularly since the 2008 global financial meltdown, with devastating and unequal effects on the health of populations. The chapter concludes by returning to the quest for universal health coverage by reaffirming the “Health for All” principles of social justice and solidarity within a ‘post-Washington consensus’.
This chapter sheds light on the multinational research project approach to global governance, which is known as global administrative law (GAL), with a focus on the unease GAL has expressed with its own constitutional implications. The argument proceeds as follows. First, it is explained why GAL’s approach to global governance echoes the history of responding to the emergence of modern administrative agencies with administrative law in the United States. It is also noted that GAL reframes the world of national legal orders as a ‘global administrative space’. Second, it is shown that GAL turns to the idea of ‘publicness’ to address the dual challenge of legality and legitimacy and the question of legal pluralism arising from the heterogeneity of global governance. Finally, the chapter concludes with a discussion of the unsettled relationship between GAL and global constitutionalism.