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Essential Cases: Public Law

Essential Cases: Public Law (4th edn)

Thomas E. Webb
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date: 30 September 2022

R (on the application of Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Courtlocked

R (on the application of Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Courtlocked

  • Thomas E. WebbThomas E. WebbLecturer in Law, Lancaster University

Abstract

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court. The case concerned assisted dying, specifically whether s. 2 of the Suicide Act 1961 was incompatible with the Human Rights Act 1998 (Nicklinson and Lambs’ cases), and whether the prosecution guidance on assisting someone to commit suicide issued by the Director of Public Prosecutions was sufficiently clear (Martin’s case). However, the primary focus of this case note is on the justices’ discussion of the respective competences of Parliament and the courts to resolve the legal issues in this area. The document also includes supporting commentary from author Thomas Webb.

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