Is Mental Capacity Law Law?

View Full Paper

Ask AI

Bookmark

Authors

Discussion

This article challenges the role of the judicial branch in mental capacity cases, suggesting executive functions may dominate adjudication.

MCA cases do not represent typical law-making roles typically seen in judicial systems, instead reflecting administrative functions.
Best interests determinations within the Mental Capacity Act raise questions about their legal validity and reasoning.
By examining mental capacity adjudication, I argue it does not fit the conventional understanding of legal decision-making.
This analysis calls into question how we define law and its application within the judicial branch.

John Coggon (2025) studied this question.

View Full Paper

Ask AI

Bookmark

This article challenges the role of the judicial branch in mental capacity cases, suggesting executive functions may dominate adjudication.