Legislation

The documents in Andocides' On the Mysteries

by Mirko Canevaro

Co-authored with E. M. Harris

Towards a History of Parliamentary Legislation, 1660­­1800

by Joanna Innes

Psychiatric review is mandatory in Australia [Letter]

by Christopher Ryan

Ryan, C. J., and T. Shaw. 2008. Psychiatric review is mandatory in Australia [Letter]. British Medical Journal 337: 1127.

Ganzini and colleagues’ finding that 3 of the 18 Oregonians who received a prescription for a lethal drug met caseness... more Ganzini and colleagues’ finding that 3 of the 18 Oregonians who received a prescription for a lethal drug met caseness criteria for depression raises concerns about the state’s Death with Dignity Act, which demands a psychiatric review only if “concern exists that the patient has a psychiatric disorder” [1].

We know that depression is common in the terminally ill and that depression may be successfully treated in this population. We know that depression may impair a person’s capacity when requesting physician assisted suicide, and we know that non-psychiatrically trained physicians are poor at detecting depression. We also know that these four facts are true for delirium in patients who are terminally ill.

Proposed changes to the function of the Mental Health Act will erode patient rights

by Christopher Ryan

Ryan, Christopher James, Sascha Callaghan, and Matthew Large. 2010. Proposed changes to the function of the Mental Health Act will erode patient rights. Newsletter of the NSW Branch of the Royal Australian and New Zealand College of Psychiatrists (April): 10-11.

Imagine for a moment you find yourself arrested in some foreign clime – Queensland, for example. You are told you have... more Imagine for a moment you find yourself arrested in some foreign clime – Queensland, for example. You are told you have transgressed some northern law and are looking at several weeks inside. You are anxious, to be sure, but not dismayed. You know you are innocent and you’re sure you’ll be able to persuade a judge that there has been a miscarriage of justice. You also know that under Queensland law the police must present you to court “as soon as reasonably practicable” and you know that, like all Australian jurisdictions, this time frame is normally interpreted as being within 24 hours, 365 days of the year.

One flu over the cuckoo's nest: comparing legislated coervice treatment for mental illness and other illness

by Christopher Ryan

Ryan, Christopher James. 2011. One flu over the cuckoo's nest: comparing legislated coervice treatment for mental illness and other illness. Journal of Bioethical Inquiry 8 (1): 87-93.

Many of the world’s mental health acts, including all Australian legislation, allow for the coercive detention and... more Many of the world’s mental health acts, including all Australian legislation, allow for the coercive detention and treatment of people with mental illnesses if they are deemed likely to harm themselves or others. Numerous authors have argued that legislated powers to impose coercive treatment in psychiatric illness should pivot on the presence or absence of capacity not likely harm, but no Australian act uses this criterion. In this paper, I add a novel element to these arguments by comparing the use of the harm to others justification for coercive treatment
in mental illness with its use in illness due to infectious disease, and suggest a double standard applies. People with mental illness are subjected to coercive treatments at levels of risk to others far, far lower than would precipitate coercive treatment in people with influenza. In effect, this element of mental health legislation represents an example of sanism—state-sanctioned discrimination against people with mental illnesses.

Capacity as a determinant of non-consensual treatment of the mentally ill in Australia

by Christopher Ryan

Ryan, Christopher James. 2011. Capacity as a determinant of non-consensual treatment of the mentally ill in Australia. Psychiatry, Psychology and Law 18 (2): 248-262.

Numerous authors have argued that a lack of capacity, not a likelihood of harm, should provide the legal basis for... more Numerous authors have argued that a lack of capacity, not a likelihood of harm, should provide the legal basis for coercive treatment when a person suffers a mental illness. Recently, the governments of Victoria and the Australian Capital Territory have begun to investigate that avenue of law reform. In this context, this article surveys current Australian mental health legislation to determine to what extent, if any, a lack of capacity already forms a part of the legal basis of coercive treatment. Careful analysis of the statutes and relevant case law reveals that a lack of capacity plays almost no role as the basis for non-consensual treatment of people with mental illnesses in Australia. The article concludes by suggesting a mechanism by which capacity could be made the fulcrum of non-consensual treatment, using New South Wales as an example and adopting a minimalistic approach.

Protecting our patient's rights [Letter].

by Christopher Ryan

Ryan, Christopher James, and Sascha Callaghan. 2011. Protecting our patient's rights [Letter]. Australian and New Zealand Journal of Psychiatry 45 (2): 180.

The mental health legislation of every state and territory in Australia allows psychiatrists to coercively detain and... more The mental health legislation of every state and territory in Australia allows psychiatrists to coercively detain and treat people with mental illnesses. This power is carefully regulated and every mental health act contains a provision demanding independent quasi-judicial review of the circumstances of the detention. The timing of this independent review is currently the subject of controversy in New South Wales.

NSW law, ECT and DBS [Letter]

by Christopher Ryan

Ryan, Christopher James, and Sascha Callaghan. 2011. NSW law, ECT and DBS [Letter]. Australasian Psychiatry 19 (1): 85.

In their recent paper, Loo et al. write passionately of what they take to be overly burdensome legal obstacles to the... more In their recent paper, Loo et al. write passionately of what they take to be overly burdensome legal obstacles to the application of electroconvulsive therapy (ECT) and deep brain stimulation (DBS) in all Australian legislatures and in New South Wales in particular. They argue that the current legislative regime discriminates against some people with psychiatric and neurological illness who will, as a result, be prohibited from accessing these sometimes life-saving treatments.

Clarification of the serious harm criterion for involuntary detention

by Christopher Ryan

Ryan, Christopher James, and Sascha Callaghan. 2011. Clarification of the serious harm criterion for involuntary detention. Newsletter of the NSW Branch of the Royal Australian and New Zealand College of Psychiatrists (December): 14-15.

Western Australia - rising to the human rights challenge?

by Christopher Ryan

Callaghan, Sascha, and Christopher James Ryan. 2012. Western Australia - rising to the human rights challenge? [Letter]. Australian and New Zealand Journal of Psychiatry: (published on line 19 March 2012).

The Western Australian government recently released a draft mental health bill for public comment. Disappointingly,... more The Western Australian government recently released a draft mental health bill for public comment. Disappointingly, the proposed legislation fails to adequately protect the human rights of West Australians living with mental illness.

Rising to the human rights challenge in compulsory treatment – new approaches to mental health law in Australia

by Christopher Ryan

Callaghan, Sascha, and Christopher James Ryan. 2012. Rising to the human rights challenge in compulsory treatment – new approaches to mental health law in Australia. Australian and New Zealand Journal of Psychiatry: (published on line 21 February 2012).

Objective: To analyse, and explain to Australasian psychiatrists, recent proposed changes to the terms of coercive... more Objective: To analyse, and explain to Australasian psychiatrists, recent proposed changes to the terms of coercive treatment for mental illness in Tasmania and Victoria and to place the proposals in the context of a broader human rights framework that is likely to impact the future shape of mental health legislation more generally.

Methods: The Australian law reform proposals are reviewed against the requirements of numerous human rights instruments, including the recently ratified United Nations Convention on the Rights of Persons with Disabilities. Ethical and legal arguments are made to support the proposed changes and to introduce others, taking into account academic commentary on mental health law and recent empirical work on the ability to usefully  categorise patients by their likelihood of harm to self and others.

Results: The Victorian and Tasmanian draft mental health bills propose a new basis for compulsory psychiatric treatment in Australasia. If they become law, coercive psychiatric treatment could only be applied to patients who lack decision-making capacity. The Tasmanian draft bill also sets a new benchmark for timely independent review of compulsory treatment. However both jurisdictions propose to retain an ‘additional harm’ test which must be satisfied before patients may be treated without consent. This differs from non-psychiatric cases, where if patients are unable to consent to medical treatment for themselves, they will be entitled to receive coercive treatment if it is in their best interests.

Conclusions: The proposed changes under the Tasmanian and Victorian draft mental health bills will ensure that, in line with local and international human rights obligations, only patients who lack decision-making capacity may be coercively treated for mental illness. However the continuing ‘additional harm’ criteria may breach human rights obligations by imposing a discriminatory threshold for care on patients who are unable to consent to treatment for themselves. This could be avoided by replacing the ‘additional harm’ test with a ‘best interests’ test.

Psychiatrists and abortion: clinical, legal and ethical aspects

by Christopher Ryan

Morris, Kristy, Kristin Savell, and Christopher James Ryan. 2012. Psychiatrists and abortion: clinical, legal and ethical aspects. Australian and New Zealand Journal of Psychiatry 46 (1): 18-27.

Objective: To provide practical guidance for psychiatrists asked to conduct an assessment of a woman requesting a... more Objective: To provide practical guidance for psychiatrists asked to conduct an assessment of a woman requesting a termination of pregnancy.

Method: The law relevant to termination of pregnancy in each of the Australian states and territories and in New Zealand was synthesised and reviewed, as was the available literature around the key roles for the psychiatrist in these settings.

Results: Little is known about the rates of and reasons for termination in Australasia. The “lawfulness” of termination varies between jurisdictions and might require a consideration of the woman’s mental health. When psychiatrists are asked to assist, their roles can be divided into: assessment and management of the woman’s mental health, assessment of the woman’s capacity to consent to the termination, assessment of the impact of having a termination or not having a termination upon the woman’s mental health, assistance in determining the lawfulness of the proposed termination and finally, support of the obstetric team providing terminations.

Conclusions: The psychiatric assessment of a woman requesting a termination of pregnancy requires an understanding of the ethical issues, the relevant law and a clinical framework within which the psychiatrist can delineate his or her various roles.

La traduction de l’Introduction to the Principles of Morals and Legislation par le Centre Bentham

by Anne Brunon-Ernst

Malik Bozzo-Rey, Anne Brunon-Ernst et Emmanuelle de Champs

Cet article est tiré des communications (1) de M. Bozzo-Rey, A. Brunon-Ernst et E. de Champs, « Traduire Bentham »,... more Cet article est tiré des communications (1) de M. Bozzo-Rey, A. Brunon-Ernst et E. de Champs, « Traduire Bentham », Rouen, 23 mars 2006, (2) de M. Bozzo-Rey, A. Brunon-Ernst et E. de Champs, « Bentham in French », Londres, 6 avril 2006 et (3) A. Brunon-Ernst, « Traduire Bentham : la traduction en cours d'Introduction to the Principles of Morals and Legislation par le Centre Bentham », Paris, 22 mai 2006

Legislative Supremacy in the United States?: Rethinking the Enrolled Bill Doctrine, 97 GEORGETOWN LAW JOURNAL 323 (2009)

by Ittai Bar-Siman-Tov

Lawmakers as Lawbreakers, 52 WILLIAM AND MARY LAW REVIEW 805 (2010)

by Ittai Bar-Siman-Tov

Cybercrime in India PPT

by Michela Menting

PRIVATE SPACE IN LATE ANTIQUE CITIES: LAWS AND BUILDING PROCEDURES

by isabella Baldini

HOUSING IN LATE ANTIQUITY  From Palaces to Shops EDITED BY
LUKE LAVAN LALE ÖZGENEL and ALEXANDER SARANTIS
LEIDEN • BOSTON 2007

In Late Antiquity, many laws were issued to regulate complex social and economic matters, including the control of... more In Late Antiquity, many laws were issued to regulate complex social and economic matters, including the control of real estate, construction, and the management of private buildings. A new building practice and culture of re-use gradually became predominant in a changing society. The present essay compares this legislation with the archaeological evidence in order to ascertain the characteristics of the process, assess the
contribution of the ruling classes, and distinguish different building procedures in urban areas.

PRIVATE SPACE IN LATE ANTIQUE CITIES: LAWS AND BUILDING PROCEDURES

by isabella Baldini

HOUSING IN LATE ANTIQUITY  From Palaces to Shops EDITED BY
LUKE LAVAN LALE ÖZGENEL and ALEXANDER SARANTIS
LEIDEN • BOSTON 2007

In Late Antiquity, many laws were issued to regulate complex social and economic matters, including the control of... more In Late Antiquity, many laws were issued to regulate complex social and economic matters, including the control of real estate, construction, and the management of private buildings. A new building practice and culture of re-use gradually became predominant in a changing society. The present essay compares this legislation with the archaeological evidence in order to ascertain the characteristics of the process, assess the
contribution of the ruling classes, and distinguish different building procedures in urban areas.

Die Reform des ukrainischen öffentlichen Baurechts

by Leonid Shmatenko

Published in: eastlex 2012, pp. 107 - 110.

Das neue ukrainische Gesetz „Über städtische Bebauungsaktivitäten“, welches im Februar 2011 unterzeichnet, jedoch erst... more Das neue ukrainische Gesetz „Über städtische Bebauungsaktivitäten“, welches im Februar 2011 unterzeichnet, jedoch erst am 12. März 2011 in Kraft getreten ist, versucht das alte bürokratische und zentralistische Gesetz durch ein moderneres und unbürokratischeres zu ersetzen. Der nachfolgende Artikel widmet sich dem neuen Gesetz und stellt die Änderungen von ebendiesem dar.

Das ukrainische Individualarbeitsrecht

by Leonid Shmatenko

Co-authored with Martin Matthias Blüm
Published in: 2 Osteuropa Recht (OER) 188 - 198 (2011)

Das ukrainische Arbeitsgesetzbuch (ArbGB), das zurzeit in der Ukraine gilt, fußt noch immer auf dem alten sowjetischen... more Das ukrainische Arbeitsgesetzbuch (ArbGB), das zurzeit in der Ukraine gilt, fußt noch immer auf dem alten sowjetischen Arbeitsrecht und ist, obwohl zahlreiche Änderungsgesetze
verabschiedet wurden, heute fast 40 Jahre alt. Aus diesem Grunde bevorzugt es Arbeitnehmer und bietet diesen den größtmöglichen Schutz. Hinzu kommt. dass der Arbeitnehmer
durch den Arbeitsvertrag über seine Rechte nicht verfügen kann, Folglich werden die Vorschriften des ukrainischen Arbeitsrechts den arbeitnehmerunfreundlichen Vereinbarungen des Arbeitsvertrags vorgeben. Dies wird dann besonders relevant, wenn es um Kündigungen geht. In diesem Fall erlaubt das ukrainische Arbeitsrecht die Kündigung des Vertrages nur unter bestimmten Umständen.