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Elizabeth Wicks Supreme Court Judgement Analysis

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Elizabeth Wicks’ article explores the Supreme Court judgment in Nicklinson and the connotations this has regarding national law and the Human Rights Act 1998. She begins her article by systematically summarising each judges’ judgment and grouping those with similar or the same views. From those who did not declare compatibility, Lords Neuberger, Wilson and Mance, all the way to the two dissenting judges of the case, Lords Hale and Kerr. Wicks’ main focus is on the relationship between the courts and the Parliament including the margin of the appreciation the UK has, namely how the role the Strasbourg court has to play in this and the judicial protection of human rights.
Wicks’ takes a standpoint in favour of the two dissenting judges that …show more content…

She rejects the crucial aspect of Lord Sumption and Lord Clarke’s view that this issue is one for Parliament rather than the courts, stating that the declaration of incompatibility does not take away the issue from Parliament but rather refers it back to Parliament. She also makes a point to state that the declaratory power is one granted by Parliament for the purpose of the courts highlighting laws that are incompatible with Convention rights.
This article keeps a clear focus on the main points initially stated in her introduction, that being ‘the appropriate legal response to assisting or encouraging a suicide, and the respective roles of Parliament, domestic courts and the European Court of Human Rights (ECHR) in protecting human rights’. Wicks’ divides each section into well thought out sub-headings making it a well-structured and an easy to follow …show more content…

She briefly implies her view on it at the very end of the article stating that if the appellants are to re-challenge the law that ‘restricts their right’ there may be a stronger response by the courts which suggests that she is in favour of allowing assisted suicide, but as she does not say much more it takes away from the persuasiveness of the article as it means she is not constantly reinforcing her

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