Political environments of assisted dying: affirming the legitimacy of assisted dying legislation

Cedric Charles Gilson and Nataly Papadopoulou

Chapter 11 in Research Handbook on Human Rights Law and Health, 2025, pp 249-277 from Edward Elgar Publishing

Abstract: What would legitimate a change in assisted dying law, that is, where would the source of legitimation lie? While arguments over it are polarised and interminable, neither protagonists nor antagonists can succeed by attempting to defeat the protestations of the other. The dilemma requires framing in a new imaginary, abstracted from the dispute and its challenges – one from which a principled perspective can be derived and one that assures equality of negotiative strength between centre and periphery for representation to the legislature. In deliberative democracy, recommendations emanate from exactly that consensus. Democracy also is revealed, not just as a system of voting but as a rich cornucopia of resources where it can stand in for practical philosophy, morals, and more. The chapter critiques some public consultative procedures. Political constitutions as enablers/obstructors of legal change are also explored and two instances of recent democratically induced reform are discussed and evaluated.

Keywords: Assisted dying; Autonomy; Deliberative democracy; Practical philosophy; Citizens’ juries (search for similar items in EconPapers)
Date: 2025
ISBN: 9781803928029
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