Consent Evaluation Flashcards
Common law because it means that judges go outside of their designated roles- case Dica
Goes against reasoning for separation of powers: so that one party does not have too much power Monstequinn.
Leads to judges doing parliaments job by creating laws instead of only applying them
Creates inconsistency
One reform: clear act to follow
Contradictory because of cases like brown and wilson
Argued moral distinction rather than a legal one and critics’ suggest that the courts permit consensual acts between heterosexual couples like in Wilson but not for homosexual one in Brown. This can lead to public outrage and accusations of discrimination. REFORM: clear guidelines to follow when applying the defence to remove inconsistent application
Cannot consent to own death regarding euthanasia because it leads to a murder sentence
This leads to a mandatory life sentence. Introduces injustices as the consenting party does not get charged while the assistant is charged for life. ONE REFORM: currently being discussed in parliament as there is broad public opinion
Allows for inclusivity with exceptions because it considers factors such as religion
Means that the offence values personal freedom and choice regarding things such as medical treatment (Blaue). This links to the rule of law as the law should always be fair and accessible. By including things like religion it makes sure that the law doesn’t discriminate
