Image: Sam Boal/RollingNews.ie Image: Sam Boal/RollingNews.ie THE INTRODUCTION OF assisted dying legislation would not require a referendum because of the Supreme Court’s judgement in the Marie Fleming case, experts have said.
The proposed amendment mentions that assisted suicide gives rise to constitutional issues, as well as ethical, moral and criminal justice matters. David Kenny, an Assistant Professor in Law at Trinity College Dublin, told TheJournal.ie that the Supreme Court had specifically found that it is for the Dáil to decide whether it is in the common good to enact a law on the right to die.
Fleming had laid the foundation of her case on the express right to life in Article 40 of the Constitution, but the court found that the right to life did not import a right to die. But she warned that any legislation put forward by the Oireachtas would have to contain adequate protections for citizens.“You don’t necessarily need a referendum to bring assisted dying in, although you could if you wanted to be very careful about it,” she says.
If future legislation did not account for these rights, one could theoretically argue that the law could put too much pressure on a person who is dying. Meanwhile, it is also believed that the constitutional protection of the right to life would not clash with an allowance for the right to die, because the right to life does not mean that everyone has to stay alive.
Kenny, who introduced the bill in the Dáil, said it contained restrictions and oversight to ensure those who wish to avail of assisted dying can do so in an informed and transparent manner.
This law should never be enacted life is too precious every second of it.
The way things are going they wont need a referendum to do anything they want soon.
Elected representatives should do what they were elected to do & debate & vote on this dying with dignity bill.
'Any[one's] death diminishes me. Because I am involved in [hu]mankind. And therefore never send to know for whom the bell toll's. It toll's for thee!' - John Donne.
Trust this shower of wasters, to assist your parents across the road ,without first getting a exemption clause. I don't thing so !
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