Final answer:
A nurse would refer to legislation and regulation to understand the hospital's right to isolate infected patients against their will, as these laws specifically govern actions taken to protect public health and safety.
Step-by-step explanation:
When determining whether a hospital can legally require patients to be isolated against their will, the nurse would refer to legislation and regulation. This aspect of law involves statutory laws that are passed by legislative bodies, including regulations that are set forth by government agencies regarding public health concerns. Public laws, such as those pertinent to involuntary isolation in the event of an infectious disease outbreak, provide the legal framework within which such actions are permitted. These statutes and regulations are in place to protect public health and safety and are enforced by the government's executive branch.
The justification for involuntary isolation often stems from the state’s responsibility to protect the health of its citizens. In practice, it might be most directly related to the public health code or specific public health emergency provisions that allow for actions necessary to prevent the spread of contagious diseases. These laws often grant considerable authority to health departments and government officials during public health emergencies, enshrined by legislation rather than by common law, constitutional law, or judicial decisions. Constitutional challenges are possible; however, the specific constraints and permissions tend to be laid down in statute rather than constitutional texts.