Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
4 Cards in this Set
- Front
- Back
|
Hierarchical value |
DPP v Delaney.
Gardaí entered premises without warrant, found drugs, charged those in the flat for possession with intent to supply. Defence that it was a breach of constitutional rights, evidence shouldn’t be used. Gardaí claimed there had been protesters in the vicinity and they wanted to protect the right to life of those in the premises. |
|
|
X case |
Teenage rape victim was pregnant and wanted to travel to UK for an abortion. Parents had asked gardaí whether to preserve evidence to assist prosecution v rapist. Gardaí asked AG office for advice. He felt he had a positive obligation to intervene to stop her travelling for the abortion |
|
|
Right to die |
Re a ward of court.
Had been unconscious for 27 years after a bad operation. Family made an application to allow withdrawal of treatment.
Number of issues with the case. Factually complicated, braindead means no braincell activity. She wasn’t showing 0 activity. But couldn’t say more than that. Some suggestion by those treating her (family disagreed) that she could track things with eyes and showed discomfort when strange people entered the room. Issue that court glossed over was that for various legal reasons, the law draws a distinction between an act and an omission. Question as to whether withdrawing feeding tube was an act or an omission.
Court recognised the right to die with dignity. Life is important but not an absolute value, does not compel the maintenance of life in all circumstances. Becomes a question of balancing. 3 judges used a best interests test. Decided best interest was removal of feeding tube. 1 used quality of life and judgment substitution approach. 1 dissented on slippery slope.
Right was curtailed in Fleming. Not about positive steps to end your life, just not artificially extending it. |
|
|
Unborn unintended consequences |
z |
