Death, Democracy and Delegation
I have a new post at the UK Con Law Group blog. I praise the Ménard report recently commissioned by the Assemblé Nationale while reiterating my earlier criticisms of the Irish High Court decision in Fleming v. Ireland,  IEHC 2.
Here is the closing paragraph:
Whatever its ultimate fate, the Ménard report’s orientation is preferable to that of the Irish High Court. Legislators cannot foresee every eventuality. A legitimate response is to vest discretion in administrative actors. Once this has been done, however, decision-making with a public aspect is preferable to decision-making behind closed doors. Moreover, published guidelines can provoke popular debate and legislative reaction, thereby playing a democracy-enhancing role. Even if the Ménard report proves legally flawed, it has highlighted the democratic potential of administrative guidelines.
I should say, given that I have come back to give it several kicks, that I think the High Court’s analysis of the constitutionality of the prohibition on assisted suicide was much, much better than that of the Supreme Court.
This content has been updated on June 11, 2014 at 09:46.