Law and Rights
Updates: This post will be updated with further materials and comments as they become available ... as they undoubtedly will !
The Supreme Court has handed down judgment in the assisting suicide cases of Nicklinson, Lamb and 'Martin' (a name used for the purpose of the case). Essentially the court has held that amendment of the Suicide Act 1961 section 2 is a matter for Parliament and no declaration of incompatibility (Human Rights Act 1998 section 4) was issued. However, the possibility of such a declaration in the future was not ruled out. Furthermore, the court allowed an appeal by the Director of Public Prosecutions and upheld the legality of the DPP's 2010 prosecutorial guidance. The guidance was issued following the House of Lords decision in Purdy 2009.
R (on the application of Nicklinson and another) (AP) (Appellants) v Ministry of Justice (Respondent) and R (on the application of AM) (AP) (Respondent) v The Director of Public Prosecutions (Appellant)
Previous post 1st August 2013
Further material, Comments etc:
Doughty Street Chambers ..... Matrix Chambers ..... UK Supreme Court blog .... UK Human Rights Blog (post by Roasalind English 25th June) .....
Items added 27th June:
UK Human Rights Blog - Rosalind English - Supreme Court rejects right to die appeals
Oxford Human Rights Bub 26th June - Claire Overman - Moral arguments on the right to die: should courts intervene?
Public Law for Everyone 26th June - Dr Mark Elliott - The right to die: deference, dialogue and the division of constitutional authority
4th July 2014:
Jon Holbrook - The state should not be the god of death - thoughtful piece here on individual autonomy which, the author fears, is in serious danger of being overlooked should suggestions of the Supreme Court be adopted. That is, suggestions along the lines of requiring a High Court judge to decide whether someone may be assisted to die.
9th July 2014:
Carl Gardner - Head of Legal blog - Assisted suicide, human rights and Parliament: a wrong turning by the Supreme Court
Law in Focus - Nicola Padfield University of Cambridge - Nicklinson - the right to die
- Debbie Purdy - Rip
The death of Debbie Purdy (1963-2014) has been anounced. Her wikipedia entry is here. The very last judgment of the House of Lords was in R (Purdy) v Director of Public Prosecutions [2009] UKHL 45; [2009] EWCA Civ 92. In October 2009, The Supreme...
- The Court May Issue A Declaration Of Incompatibility
On 3rd September 1953, the European Convention on Human Rights came into force with the United Kingdom among the first signatories. For the next 47 years, the Convention operated almost entirely externally to the domestic legal systems within the...
- Midsummer Roundup
Midsummer Day (21st June) and the Summer Solstice are now behind us and, this year, we have enjoyed a fine spell of weather. Unfortunately, England's football team did not figure in the World Cup. A disappointing outcome but, as someone...
- Early Notes On A Notable Court Of Appeal Decision ~ Suicide Act 1961 ~ Assisting Suicide
On 31st July the Court of Appeal (Civil Division) gave its judgment in three cases all concerning the offence of Assisting Suicide - Suicide Act 1961 s.2 as amended by the Coroners and Justice Act 2009. The three cases raised various points which...
- R V Gilderdale: Attempted Murder And Assisted Suicide
Bridget Kathleen Gilderdale was cleared of attempting to murder her daughter Lynn Gilderdale by a jury at Lewes Crown Court. The judge (Mr Justice Bean) thanked the jury for their ?common sense, decency and humanity.? Gilderdale had previously admitted...
Law and Rights
Assisting Suicide: the cases of Nicklinson, Lamb and Martin
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| Mr Nicklinson |
The Supreme Court has handed down judgment in the assisting suicide cases of Nicklinson, Lamb and 'Martin' (a name used for the purpose of the case). Essentially the court has held that amendment of the Suicide Act 1961 section 2 is a matter for Parliament and no declaration of incompatibility (Human Rights Act 1998 section 4) was issued. However, the possibility of such a declaration in the future was not ruled out. Furthermore, the court allowed an appeal by the Director of Public Prosecutions and upheld the legality of the DPP's 2010 prosecutorial guidance. The guidance was issued following the House of Lords decision in Purdy 2009.
R (on the application of Nicklinson and another) (AP) (Appellants) v Ministry of Justice (Respondent) and R (on the application of AM) (AP) (Respondent) v The Director of Public Prosecutions (Appellant)
- Judgment (PDF)
- Press summary (PDF)
Previous post 1st August 2013
Further material, Comments etc:
Doughty Street Chambers ..... Matrix Chambers ..... UK Supreme Court blog .... UK Human Rights Blog (post by Roasalind English 25th June) .....
Items added 27th June:
UK Human Rights Blog - Rosalind English - Supreme Court rejects right to die appeals
Oxford Human Rights Bub 26th June - Claire Overman - Moral arguments on the right to die: should courts intervene?
Public Law for Everyone 26th June - Dr Mark Elliott - The right to die: deference, dialogue and the division of constitutional authority
4th July 2014:
Jon Holbrook - The state should not be the god of death - thoughtful piece here on individual autonomy which, the author fears, is in serious danger of being overlooked should suggestions of the Supreme Court be adopted. That is, suggestions along the lines of requiring a High Court judge to decide whether someone may be assisted to die.
9th July 2014:
Carl Gardner - Head of Legal blog - Assisted suicide, human rights and Parliament: a wrong turning by the Supreme Court
Law in Focus - Nicola Padfield University of Cambridge - Nicklinson - the right to die
- Debbie Purdy - Rip
The death of Debbie Purdy (1963-2014) has been anounced. Her wikipedia entry is here. The very last judgment of the House of Lords was in R (Purdy) v Director of Public Prosecutions [2009] UKHL 45; [2009] EWCA Civ 92. In October 2009, The Supreme...
- The Court May Issue A Declaration Of Incompatibility
On 3rd September 1953, the European Convention on Human Rights came into force with the United Kingdom among the first signatories. For the next 47 years, the Convention operated almost entirely externally to the domestic legal systems within the...
- Midsummer Roundup
Midsummer Day (21st June) and the Summer Solstice are now behind us and, this year, we have enjoyed a fine spell of weather. Unfortunately, England's football team did not figure in the World Cup. A disappointing outcome but, as someone...
- Early Notes On A Notable Court Of Appeal Decision ~ Suicide Act 1961 ~ Assisting Suicide
On 31st July the Court of Appeal (Civil Division) gave its judgment in three cases all concerning the offence of Assisting Suicide - Suicide Act 1961 s.2 as amended by the Coroners and Justice Act 2009. The three cases raised various points which...
- R V Gilderdale: Attempted Murder And Assisted Suicide
Bridget Kathleen Gilderdale was cleared of attempting to murder her daughter Lynn Gilderdale by a jury at Lewes Crown Court. The judge (Mr Justice Bean) thanked the jury for their ?common sense, decency and humanity.? Gilderdale had previously admitted...