Déontologie et santé publique en droit constitutionnel

Abstract

Ethics, even if there is a renewed interest today, has long been important in the public health domain, keeping constitutional law at a distance for the benefit of a relative autonomy of the medical field. However, the indifference between sanitary ethics and constitutional law tends to become less marked because of the appearance of a double opposite movement, consisting on the one hand of a public “déontologisation” of health law, including constitutional law and, on the other hand, in a constitutionalisation of ethics regarding public health. This evolution sets up as an arbitrator of State interventionism a Constitutional Council originally reluctant to check the intervention of public authorities in the field of health.