What limits should be placed on government power in public health matters?

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Government power in public health should be limited by duty, restraint, and clear criteria

Public health legislation should give authorities regulatory power, but it must also restrain them from overreaching “in the name of public health.” Authorities should, to the extent possible, respect individual autonomy, liberty and privacy, and proprietary rights, and they should act only on the basis of clear criteria when protecting the community is necessary.
Public health authorities should respect autonomy, liberty, privacy, and proprietary rights
The restraint principle requires public health authorities to balance regulation with civil liberties and personal interests. Even when authorities are given power to regulate individuals and businesses, they should still respect autonomy, liberty, privacy, and proprietary rights “to the extent possible.” This framing treats rights protection as a boundary on how far regulation can go.
Regulation should be based on clear criteria, not open-ended discretion
A second limit is procedural and substantive: authorities should act only on the basis of clear criteria where community protection is needed. The standard is not described as unlimited judgment, but as action that is tied to clearly defined grounds. In this view, clear criteria function as a constraint on how decisions are made in public health matters.
The government should not overreach under the banner of public health
The third limit is an explicit warning against using public health as a justification for going too far. The position stated is that authorities, though empowered to regulate, should not overreach “in the name of public health.” That means the legitimacy of regulation depends not just on the stated health goal, but also on staying within restraint boundaries.
Parliamentary scrutiny is used as a restraint mechanism for the GEG Bill
The restraint principle is illustrated through the legislative process for the Control of Tobacco Product and Smoking Bill 2022, widely known as the Generational End Game (GEG) Bill (Bill No. 29/2022). Health Minister Khairy Jamaluddin referred the Bill to a parliamentary select committee (PSC) to scrutinise it, described as the “right call” in the context provided. The Bill’s second reading was also accompanied by statements that “several tweaks” would be made to secure bipartisan support, with the expectation that the smoke-free generation targeted by the Bill would begin in 2025.

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What limits should be placed on government power in public health matters?

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