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.