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References
Preface, vii.
See L. Gostin, “The Ideology of Entitlement: The Application of Contemporary Legal Approaches to Psychiatry” inMental Illness: Changes and Trends (ed. P. Bean), Chichester, Wiley, 1983, 27–54.
At 8.01.
Preface, v.
See paras. 14.14–14.16.4 where sections 35, 36 and 38 of the Act are considered.
See L. Gostin,A Human Condition, MIND, 1975, Volume 1, for examples. See also L. Gostin, “The Merger of Incompetency and Certification: The Illustration of Unauthorised Medical Contact in the Psychiatric Context”, 2International Journal of Law and Psychiatry (1979), 127–168.
See Review of the Mental Health Act 1959, DHSS, Cmnd, 7320, para.6,14.
See in particular J. Jacob, “The Right of the Mental Patient to his Psychosis”, 39M.L.R. (1976), 17.
At 20.10.
Both s.57 and s.58 provide that for a patient to give a valid consent he must be capable of understanding the nature, purpose and likely effects of the proposed treatment.
SeeSidaway v. Bethlem Royal Hospital and the Maudsley Health Authority & Others [1985] 2 W.L.R. 480.
Review of contents, xiii.
Preface, vii.
R. v. Hallstrom and another, ex parte W [1985] 3 All E.R. 775;R. v. Mental Health Tribunal, ex parte Pickering [1986] 1 All E.R. 99;R. v. Gardner, ex parte L. [1986] 2 All E.R. 306;Grant v. Mental Health Review Tribunal The Times, April 28, 1986;R. v. Yorkshire Mental Review Tribunal and Mollie Lord, ex parte Home Secretary (1986) unreported.
Preface, vii.
Ibid.
Ibid.
Ibid.
See, for example, J. Barber & C. Kratz,Towards Team Care, Churchill Livingstone, 1980.
Gostin maintains in the Preface, vi, that the 1983 Act represents a marriage between legalism and welfarism. I support the submission but doubt whether the text really supports it.
References
Northern Ireland (Emergency Provisions) Act 1978; Prevention of Terrorism (Temporary Provisions) Act 1984; Emergency Powers Acts, 1920 and 1964; Energy Act 1976 and Drought Act 1976.
Some discussion of the strike is entered into, but mainly by the way of footnotes, see for example n.87 p.238.
Pages 8–11.
At 3.
See 213–217.
Principally the currently in force Northern Ireland (Emergency Provisions) Act 1978 and the Prevention of Terrorism (Temporary Provisions) Act 1984.
Principally the Prevention of Terrorism (Temporary Provisions) Act 1984.
The Emergency Powers Act 1920 and 1964; the Energy Act 1976 and Drought Act 1976.
The Emergency Powers Act 1920 (at 25–27); also the Prevention of Violence Act 1939 (at 27–28).
Defence (General) Regulations (S.I.1939 No. 1681) Reg. 18B.
At 37.
At 37.
At 48.
At 50.
At 52.
At 53.
[1942] 2 A.C. 206.
At 59.
Supra n.17 at 237.
R. v. Brixton Prison Governor, Ex p. Soblen [1963] 2 Q.B. 243.
R. v. Secretary of State for Home Affairs, ex. p. Hosenball [1977] 1 W.L.R. 766.
Council of Civil Service Unions v. Minister for the Civil Service [1984] 3 All E.R. 935.
Per Lord Scarman,ibid. at 946.
See Bonner at 285.
At 62.
AT 69.
AT 286.
At 275.
K. Jeffery and P. Hennessy,State of Emergency: British Governments and Strikebreaking since 1919, 1983; Gillian Morris, “The Regulation of Industrial Action in Essential Services”, 12I.L.J. (1983), 69, and “The Emergency Powers Act 1920”, [1979]P.L. 317.
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Kent, P.S., Dexter, R.S. Book reviews. Liverpool Law Rev 9, 81–99 (1987). https://doi.org/10.1007/BF01207251
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DOI: https://doi.org/10.1007/BF01207251