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This book investigates the law's approach to suicide in England and
Wales. It explores the seismic shift in perceptions of the law's
role in respect of suicide from imprisonment as a punishment for
attempting suicide, to courts hearing arguments about whether there
is not only a right to suicide but also a right to assistance in
suicide. This development stands alongside a global recognition of
suicide prevention as a public health priority. In this book, the
dual priorities of respect for autonomy and the protection of human
life are recognised as equally important and the legal issues
surrounding suicide in a range of different contemporary contexts,
including suicide in prison and juvenile suicide, are considered.
The book also investigates what the relationship between mental
health and suicide means for its legal regulation, and evaluates
the enduring legal offence of assisted suicide, particularly in the
context of the terminally ill. It is argued that a more refined
approach to the topic of voluntary death should be recognised in
the law; one that distinguishes more clearly between autonomous
decision-making about the end of life, and incapacitated
self-caused risks to life that require effective preventative
interventions.
This book investigates the limits of the legitimate role of the
state in regulating the human body. It questions whether there is a
public interest in issues of bodily autonomy, with particular focus
on reproductive choices, end of life choices, sexual autonomy, body
modifications and selling the body. The main question addressed in
this book is whether such autonomous choices about the human body
are, and should be, subject to state regulation. Potential
justifications for the state's intervention into these issues
through mechanisms such as the criminal law and regulatory schemes
are evaluated. These include preventing harm to others and/or to
the individual involved, as well as more abstract concepts such as
public morality, the sanctity of human life, and the protection of
human dignity. The State and the Body argues that the state should
be particularly wary about encroaching upon exercises of autonomy
by embodied selves and concludes that only interventions based upon
Mill's harm principle or, in tightly confined circumstances, the
dignity of the human species as a whole should suffice to justify
public intervention into private choices about the body.
The UK's engagement with the legal protection of human rights at a
European level has been, at varying stages, pioneering, sceptical
and antagonistic. The UK government, media and public opinion have
all at times expressed concerns about the growing influence of
European human rights law, particularly in the controversial
contexts of prisoner voting and deportation of suspected terrorists
as well as in the context of British military action abroad.
British politicians and judges have also, however, played important
roles in drafting, implementing and interpreting the European
Convention on Human Rights. Its incorporation into domestic law in
the Human Rights Act 1998 intensified the ongoing debate about the
UK's international and regional human rights commitments.
Furthermore, the increasing importance of the European Union in the
human rights sphere has added another layer to the relationship and
highlights the complex relationship(s) between the UK government,
the Westminster Parliament and judges in the UK, Strasbourg and
Luxembourg. The book analyses the topical and contentious issue of
the relationship between the UK and the European systems for the
protection of human rights (ECHR and EU) from doctrinal, contextual
and comparative perspectives and explores factors that influence
the relationship of the UK and European human rights.
The UK's engagement with the legal protection of human rights at a
European level has been, at varying stages, pioneering, sceptical
and antagonistic. The UK government, media and public opinion have
all at times expressed concerns about the growing influence of
European human rights law, particularly in the controversial
contexts of prisoner voting and deportation of suspected terrorists
as well as in the context of British military action abroad.
British politicians and judges have also, however, played important
roles in drafting, implementing and interpreting the European
Convention on Human Rights. Its incorporation into domestic law in
the Human Rights Act 1998 intensified the ongoing debate about the
UK's international and regional human rights commitments.
Furthermore, the increasing importance of the European Union in the
human rights sphere has added another layer to the relationship and
highlights the complex relationship(s) between the UK government,
the Westminster Parliament and judges in the UK, Strasbourg and
Luxembourg. The book analyses the topical and contentious issue of
the relationship between the UK and the European systems for the
protection of human rights (ECHR and EU) from doctrinal, contextual
and comparative perspectives and explores factors that influence
the relationship of the UK and European human rights.
This book investigates the limits of the legitimate role of the
state in regulating the human body. It questions whether there is a
public interest in issues of bodily autonomy, with particular focus
on reproductive choices, end of life choices, sexual autonomy, body
modifications and selling the body. The main question addressed in
this book is whether such autonomous choices about the human body
are, and should be, subject to state regulation. Potential
justifications for the state's intervention into these issues
through mechanisms such as the criminal law and regulatory schemes
are evaluated. These include preventing harm to others and/or to
the individual involved, as well as more abstract concepts such as
public morality, the sanctity of human life, and the protection of
human dignity. The State and the Body argues that the state should
be particularly wary about encroaching upon exercises of autonomy
by embodied selves and concludes that only interventions based upon
Mill's harm principle or, in tightly confined circumstances, the
dignity of the human species as a whole should suffice to justify
public intervention into private choices about the body.
Human Rights and Healthcare looks at medical law from a human
rights perspective. Almost all issues traditionally taught under a
"medical law" label have significant human rights issues inherent
within them. This book is unique in bringing those human rights
implications to the fore. The rights at issue include established
fundamental rights such as the right to life; the right to respect
for a private life; and the right to physical integrity, as well as
more controversial "rights" such as a "right to reproduce" and a
"right to die". The human rights perspective of this book enables
new light to be cast upon familiar medico-legal cases and issues.
As such the book provides a genuine merging of human rights law and
medical law and will be of value to all students and academics
studying medical law, as well as to those interested in the broader
issues raised by the growing human rights culture within the UK and
worldwide.
This new work casts light upon the British constitution of today by
means of an in-depth consideration of eight key moments in British
constitutional history. The historical perspective adopted in this
book facilitates an informed and contextual understanding of the
intricacies of the contemporary British constitution. Indeed the
book is based upon the premise that it is impossible to fully
comprehend the nature, content and implications of today's
constitution without a firm grasp on how it evolved into its
present form. Each of the eight main chapters focuses upon a
different event in constitutional history which has contributed
certain principles or practices to the modern day constitution, and
explains how these principles or practices evolved and highlights
their modern day significance. Historical events covered include
the 1688 Glorious Revolution, the 1707 Union between England and
Scotland, the 1911 Parliament Act and the 1972 European Communities
Act.
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