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Case Note Nicklinson Versus Ministry of Justice - Report Example

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This report "Case Note Nicklinson Versus Ministry of Justice" focuses on Nicklinson’s case that presents a significant division within the Supreme Court that relate to judicial review regarding cases that possess sensitive ethical or moral considerations. …
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Download file to see previous pages 2 of the Coroners and Justice Act 2009, an amendment to the Suicide Act of 1961, stood as a major hindrance for his proposed assistance as it prohibits individuals from assisting others in committing suicide. Mr. Nicklinson filed the case on a background that sought declarations as to whether it will be lawful to seek assistance from a medical professional to help end his life (Eliot, 2014). Consequently, he sought a declaration of the court on the compatibility of the law preventing suicide assistance as outlined in Article 8 of the European Convention on Human Rights. The article provides respect for life for private with restriction of privacy arising from national security issues, protecting freedoms and rights of the society as well as health protection (Ziegler, 2009, pg. 98). Though he lost the case at the high court, an appeal filed with the tribunal of appeal subsequently failed to give the declarations by a majority of seven to two. Mr. Nicklinson died earlier before the supreme court ruling as a result of pneumonia arising after he declined to eat.
The Defendant: Mr. Nicklinson suffered catastrophic cancer that destroyed his physical condition indicating his inability to commit suicide without assistance; he, however, dies before the determination of final judgment as a result of pneumonia sustained after failing to eat
The essential query the court faced relates to the compatibility of the UK law in article 8. In other words, the case sought a declaration as to whether assisting in suicide amounts to a criminal offense. It stands for individuals intending to end their lives but fails due to physical or other challenges. Considering the right to private life outlined by the constitution, preventing a person like Nicklinson from legally obtaining suicide assistance serves as an incursion to the right to respect an individual’s private life ( Davidson, 2014).  ...Download file to see next pagesRead More
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