Book Chapter Details
Mandatory Fields
Whelan, Darius
2016 January
Ethical and Legal Debates in Irish Healthcare: Confronting Complexities
Protecting Rights in Mental Health Law: The Relationship Between the Courts and Mental Health Tribunals
Manchester University Press
Optional Fields
Mental Health Law, Human Rights, Liberty , Mental Health Tribunals, Psychiatry
This chapter critically assesses case-law on the powers of Mental Health Tribunals under Ireland’s Mental Health Act 2001. In general, the courts have tended to endorse decisions of the Tribunals even in situations where serious procedural errors have occurred. This is in keeping with the courts’ paternalistic interpretation of the ‘best interests’ principle and raises questions as to the courts’ commitment to constitutional and human rights in mental health law.
Donnelly, Mary; Murray, Claire
Grant Details