Can doctors lawfully kill competent patients who want to die?

摘要

This article explores the case of Nicklinson v Ministry of Justice (2012), in which a man with locked-in syndrome sought leave to challenge the current law concerning euthanasia. This is a preliminary hearing outlining the legal arguments being brought to trial; however, the article suggests that the significance of this case is likely to be considerable. It will require the English courts to consider the application of the doctrine of necessity and the application of the Human Rights Act in the context of active euthanasia by clinicians, rather than simply assisted suicide.