Idioma:

Presuming competence to consent: Could anything be sillier?

PDG Skegg

University of Queensland Law Journal, The, 2011, Vol.30 (2), p.165-187 [Periódico revisado por pares]

Texto completo disponível

Citações Citado por

Título:
Presuming competence to consent: Could anything be sillier?
Autor: PDG Skegg
Assuntos: Appellate procedure ; Common law ; Criminal procedure ; Judicial process
É parte de: University of Queensland Law Journal, The, 2011, Vol.30 (2), p.165-187
Notas: L_UQLJ_c.jpg
University of Queensland Law Journal, The, Vol. 30, No. 2, 2011: [165]-187
Descrição: The title of this paper is intentionally provocative. A common law presumption of competence to give, or refuse, consent is commonly traced to a judgment in the English Court of Appeal in 1992. The presumption was accepted and reaffirmed in several later English cases, with little or no critical assessment by academic lawyers or others. It is by no means clear when the supposed presumption can be invoked and what difference it makes. So before it finds more by way of affirmation in Australia and elsewhere, it warrants much closer scrutiny than it has yet received.

Voltar para lista de resultados