Constitutional limits to health-related nudging – a matter of balancing
Lübbe-Wolff, Gertrude
Author
aut
Text
xx#
2015
Verfassungsblog
2015-01-05
eng
Politically as well as from the point of view of constitutional law, I see neither good reasons to generally reject health-related nudging towards less self-damaging behavior, nor good reasons to issue a general clearance certificate on the grounds that nudging always leaves the addressee “at liberty”. The state is not prohibited from taking sides in matters of public health – neither generally, nor specifically insofar as self-damaging behavior of accountable persons is concerned. However, claiming that people who are just being nudged remain free to resist the nudge falls far short of the constitutional law problems that nudges can raise.
CC BY-NC-ND 4.0
Lübbe-Wolff, Gertrude
funded by the government
342
https://staging.verfassungsblog.de/constitutional-limits-health-related-nudging-matter-balancing-2/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20181005-151210-0
150105
10.17176/20181005-151210-0
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