Most fundamental and controversial legal issues

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Overall Nicklinson reveals a Supreme Court divided on two of the most fundamental and controversial legal issues facing the UK at the present: 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 in protecting human rights.'

Elizabeth Wicks, 'The Supreme Court Judgment in Nicklinson: One Step Forward on Assisted Dying; Two Steps Back on Human Rights' (2015) 23 Medical Law Review 144, 145.

With reference to the legal and practical effects of a declaration of incompatibility under section 4 of the Human Rights Act 1998, critically evaluate the approaches taken by the justices of the UK Supreme Court in Nicklinson to the respective roles of Parliament and the courts.

Reference no: EM133479138

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