This paper explores whether constitutional litigation contributes to sustaining the equity element of the right to health. Equity entails a fair distribution of the burden of healthcare financing across the different socio-economic groups of the population. A shift towards uncontrolled private healthcare provision and financing raises equity challenges by disproportionately benefitting those who are able to afford such services. The extent to which equity is enforced is an indicator of the strength of the right to health. However, do domestic constitutional courts second-guess, based on equity, policy decisions that impact on healthcare financing? Is it the task of constitutional courts to scrutinize such policy decisions? Under what conditions are courts more likely to do so? The paper addresses these questions by focusing on the case of Hungary, where the right to health has been present in the Fundamental Law adopted in 2010 and the Constitutions preceding it. While the Hungarian Constitutional Court has been traditionally cautious to review policy decisions pertaining to healthcare financing, the system has been struggling with equity issues and successive government coalitions have had limited success in tackling these. The paper discusses the role of constitutional litigation in addressing such equity concerns. In doing so, it contributes to the discussion on the role of domestic constitutional courts in the protection of social and economic rights.
MULTIFILE
The research explored how a Dutch energy cluster embedded within a larger context of European and global developments reflected complex dynamics due to changes in its context. The case study explored Energy Valley of the Netherlands, a peripheral region that meets the challenge of energy transition, regional development and national economic interests. The research engaged complex adaptive systems approach to gain insights into complex cluster dynamics to contribute to cluster study and policy.The research captured insights into increased complexity of an energy cluster due to energy transition and other developments in the cluster context, exacerbated by differences in perceptions and responses of stakeholders to the new challenges. Findings on cluster developments included insights into cluster context, cluster condition, cluster dynamics and cluster transformations, and the interconnectedness of such developments based on Energy Valley and supplementary cases of Karlstad and Silicon Valley. The research findings led to insights into cluster systems developments and a model capturing cluster emergence.The research contributed to cluster theory by developing a CAS approach for cluster study that developed a whole systems approach to understand cluster dynamics, offering to the field of cluster study a qualitative understanding of cluster systems developments. Insights into interconnected developments at the micro, macro and inter-systemic levels, and into energy clusters in the context of energy transition were results of the research. The broad scope and nature of the study meant limitations were inherent and therefore recommendations for future research were included. EU Cluster Policy motivated the research and hence recommendations for policy developments were also part of the research contribution