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Question: ‘Speaking of the equivalent English law before the Abortion Act of 1967, Lord Diplock in Royal College of Nursing v DHSS (1981) described the state of the law as “unsatisfactory and uncertain”. This continues to be the position in Northern Ireland – a position which in the best interests of not only the medical and legal professions but more importantly of the public at large ought to be remedied. The Abortion Act 1967 may have its faults but it presents a much more coherent and understandable position than that which continues to prevail in this jurisdiction.’ Northern Health and Social Services Board v A and others [1994] NIJB 1 per MacDermott LJ at 3.

Discuss.

Medical Law: (LAW506), Ulster University.

Answer: Northern Ireland now has the opportunity to define itself anew as it is a devolved government. Despite this, the issue of abortion remains untouched, under “draconian” outdated regulations which date back to the 19th century. The legislation differs within Northern Ireland and the rest of the United Kingdom. Abortion law in Northern Ireland is governed by the Offences Against the Person Act 1861, whereas the Abortion Act 1967, governs the rest of the United Kingdom, namely England, Scotland and Wales. Leading judgments of Lord Diplock in Royal College of Nursing v DHSS and LJ MacDermott in Northern Health and Social Services Board v A and others criticise the position governing Northern Ireland as they feel it is “unsatisfactory and uncertain.” This essay will discuss the rea......(short extract)

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Details: - Mark: Not available | Course: Medical Law | Year: 1st | Words: 2981 | References: Yes | Date written: May, 2017 | Date submitted: May 11, 2017 | Coursework ID: 1026

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