In re Schiavo

Gerry Whyte, of Trinity College Dublin, writes:

MOJ bloggers might (pace Scalia J) be interested to see how another jurisdiction handled the issues arising in the Schiavo case.  An Irish Supreme Court judgment in 1995 dealing with these issues may be read at http://www.bailii.org/ie/cases/IESC/1995/1.html    In my opinion, however, the majority decision is open to criticism. In authorising the withdrawal of artificial nutrition and hydration from a near-PVS patient, the majority judgments leave the law uncertain in some important respects. They offer no useful assistance for determining at what point along the scale of consciousness this paternalistic jurisdiction kicks in and they also  fail to clarify the extent of the State's interest in preserving life.