EUTHANASIA IN THE COMMONWEALTH OF AUSTRALIA

Authors
Citation
P. Quirk, EUTHANASIA IN THE COMMONWEALTH OF AUSTRALIA, Issues in law & medicine, 13(4), 1998, pp. 425-446
Citations number
11
Categorie Soggetti
Law,"Medicine, Legal
Journal title
ISSN journal
87568160
Volume
13
Issue
4
Year of publication
1998
Pages
425 - 446
Database
ISI
SICI code
8756-8160(1998)13:4<425:EITCOA>2.0.ZU;2-U
Abstract
This article describes the debate over the Euthanasia law of the North ern Territory of Australia in its constitutional context. After consid ering the juridical status of the Northern Territory and related topic s, this article outlines the judicial and legislative challenges to th e Rights of the Terminally Ill Act (RTI Act) of the Northern Territory and concludes by offering some justifications for the passing of the Euthanasia Laws Act 1997 (Commonwealth), which effectively repeals the RTI Act, In dealing with these issues special emphasis will be given to the problem of Commonwealth law overriding Territory law and the co ncept of fundamental common law rights, The appropriateness of a Parli amentary solution-as opposed to a resolution through the courts-is def ended.