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MN506 System Management

tag 0 Download 25 Pages / 6,034 Words tag 13-11-2020


14 “As part of his case, Mr Conway has put forward the outline of an alternative statutory scheme which he says would safeguard relevant competing legitimate interests and would sufficiently protect the weak and vulnerable in society and which therefore shows that the blanket prohibition in section 2 (Of the Suicide Act) …

15 The outline alternative statutory scheme proposed by Mr Conway is broadly equivalent to that in a Bill introduced in Parliament by Lord Falconer of Thoroton (the Falconer Bill). The Falconer Bill did not attract the support of Parliament and did not become law.
37 Issues arise where a person is unconscious or otherwise lacks capacity to make the relevant choice about whether to receive or continue to receive life-sustaining medical treatment. The leading authority is the Bland case. The House of Lords decided that life sustaining treatment for a patient in a persistent vegetative state could be terminated, with the result that he would die. Although the law forbids the taking of active measures to cut short the life of a terminally ill patient, to terminate the treatment would not violate that prohibition. In the circumstances of that case the treatment involved invasive manipulation of the patient’s body to which he had not consented and which conferred no bene t upon him and so could be withdrawn…”

In the light of the comments made above by Sales LJ in R(Conway) v Justice Secretary (DC) [2018] 2 WLR 322, (above) analyse and evaluate the arguments of the various academic articles you have read as to the correctness of the House of Lords decision in Airedale NHS Trust v Bland [1993]. And, in the light of your conclusions, suggest what reforms, if any, you think should be made to the current law on Euthanasia and Assisted Suicide in England & Wales.

This assessment seeks to assess all the module outcomes identified in the Module Guide. Marks will be awarded in accordance with the Generic Marking Descriptors for the LLB and the following specific assessment criteria:

Dispute Formulation
Range and Use of Sources
Development of the main argument
Conclusion and recommendations
Standard of presentation
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Total 25 pages

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