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Euthanasia in the Commonwealth of Australia

Issues in Law & Medicine, Vol. 13, No. 4, pp. 425-447, 1998

22 Pages Posted: 16 Jan 2011 Last revised: 19 Jan 2011

Patrick Quirk

Ave Maria School of Law; Thomas More Law School; Bond University School of Law

Date Written: 1998

Abstract

This article describes the debate over the euthanasia law of the Northern Territory of Australia in its constitutional context. After considering the juridical status of the Northern Territory and related topics, this article outlines the judicial and legislative challenges to the Rights of the Terminally Ill Act (RTI Act) of the Northern Territory and concludes by offering some justifications for the passing of the Euthanasia Laws Act 1997 (Commonwealth), which effectively repeals the RTI Act. In dealing with these issues special emphasis will be given to the problem of Commonwealth law overriding Territory law and the concept of fundamental common law rights. The appropriateness of a Parliamentary solution - as opposed to a resolution through the courts - is defended.

Keywords: Cross-Cultural Comparison Euthanasia, legislation & jurisprudence, Euthanasia, Active, Voluntary, Federal Government, Government Regulation, Humans, Northern Territory Right to Die, legislation & jurisprudence, Terminal Care, legislation & jurisprudence

Suggested Citation

Quirk, Patrick, Euthanasia in the Commonwealth of Australia (1998). Issues in Law & Medicine, Vol. 13, No. 4, pp. 425-447, 1998. Available at SSRN: https://ssrn.com/abstract=1741307

Patrick Quirk (Contact Author)

Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States
(239) 687-5303 (Phone)
(239) 687-5340 (Fax)

HOME PAGE: http://www.avemarialaw.edu

Thomas More Law School ( email )

Level 20, Tenison Woods House, 8-20 Napier St
North Sidney, NSW 2060
Australia

Bond University School of Law ( email )

Gold Coast, QLD 4229
Australia
+61 7 55 95 1111 (Phone)
+61 7 55 95 2246 (Fax)

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