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Public Health Law As Administrative Law
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General Powers
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All states, through legislation or the state constitution, gave their original health officers the general
power to use their discretion to protect the public's health and safety. These were general grants of
authority to protect the public health, with more specific public health laws evolving over time. The
first comprehensive public health law was proposed by the Shattuck Report on Boston's Health
Status in 1850. As government has evolved since the early constitutional period, there has been a
shift from general grants of authority to more specific laws and regulations, as discussed later.
However, the foundation of administrative law remains the right of agencies to do specific
enforcement and make specific regulations based on general grants of legal authority.[Chevron U.
S. A. Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984)]
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