Elderly Healthcare in the Face of Budget Constraint

A versão em português deste texto está disponível em: "http://ssrn.com/abstract=2441607" http://ssrn.com/abstract=2441607 La versione italiana di questo documento è disponibile all'indirizzo: "http://ssrn.com/abstract=2607031" http://ssrn.com/abstract=2607031La versión en español de este artículo está disponible en: "http://ssrn.com/abstract=2456003" http://ssrn.com/abstract=2456003The author contextualises the effects of public funding constraints on the creation of elderly healthcare and on potential for its judicial review, examining the relationship between economic issues and the conflicts that arise because the healthcare that is actually provided for by law and covered by the public budget and administrative procedures falls short of individuals' expectations and demands. The paper observes that the shortage of funds and public budgetary resources, although it creates a risk of a restricted scope of judicial protection of rights, is not necessarily an obstacle to judicial review of healthcare cases, nor does it prevent the exercise of any other statutory rights; to admit otherwise, would be an insult to the Rule of Law. Finally, the paper points out the need for a better understanding of the expression the “existential minimum” of healthcare for the elderly, as guidance for legislators, based on the financial realities of nations in such a way as to make commitments only to such services as are actually possible, without generating frustrations in society