Changing law: mental capacity legislation

Changing law: mental capacity legislation

This OpenLearn free course considers how legal problems are identified and how the law develops to address those problems. The aim of this course is to consider how legal problems are identified and how the law develops to address those problems. It uses the evolution of legislation on decision making for mentally incapacitated adults to explore how development of the law is achieved.

Through this study of the background to, and history of, the passage of legislation relating to mental capacity, legal meaning is discussed and explored.

  • Introduction
  • Learning outcomes

1 The need for law reform

1.1 Mental incapacity

1.2 A leading case: Re F [1990]

2 The process of law reform

2.1 The role of the Law Commission

2.2 The Law Commission’s review of mental incapacity

2.3 Further controversial case law

3 The road to the statute book

3.1 The Law Commission’s proposals

3.2 Reactions to the Law Commission’s work

3.3 Reactions from Parliament and the Government

3.4 Review and amendment

3.5 Implementation

  • 4 Interpreting, applying and challenging the law
  • Conclusion
  • References
    • Legislation
    • Cases
    • Other
  • Keep on learning
  • Acknowledgements
+ Course description

This OpenLearn free course considers how legal problems are identified and how the law develops to address those problems. The aim of this course is to consider how legal problems are identified and how the law develops to address those problems. It uses the evolution of legislation on decision making for mentally incapacitated adults to explore how development of the law is achieved.

Through this study of the background to, and history of, the passage of legislation relating to mental capacity, legal meaning is discussed and explored.

+ Course outline
  • Introduction
  • Learning outcomes

1 The need for law reform

1.1 Mental incapacity

1.2 A leading case: Re F [1990]

2 The process of law reform

2.1 The role of the Law Commission

2.2 The Law Commission’s review of mental incapacity

2.3 Further controversial case law

3 The road to the statute book

3.1 The Law Commission’s proposals

3.2 Reactions to the Law Commission’s work

3.3 Reactions from Parliament and the Government

3.4 Review and amendment

3.5 Implementation

  • 4 Interpreting, applying and challenging the law
  • Conclusion
  • References
    • Legislation
    • Cases
    • Other
  • Keep on learning
  • Acknowledgements

   10 hours study

  Level 3: Advanced

+ About this free course

   10 hours study

  Level 3: Advanced

After studying this course, you should be able to:

  • analyse, interpret and apply case law and legislation, while examining the specific context of mental capacity
  • develop an awareness of the context of law and law reform in the UK
  • trace and retrieve legal sources and cite these correctly
  • develop a critical awareness of contemporary legal developments by examining the law reform in a specific area.
+ Learning outcomes

After studying this course, you should be able to:

  • analyse, interpret and apply case law and legislation, while examining the specific context of mental capacity
  • develop an awareness of the context of law and law reform in the UK
  • trace and retrieve legal sources and cite these correctly
  • develop a critical awareness of contemporary legal developments by examining the law reform in a specific area.

Download this course for use offline or for other devices

  

+ Download this course

Download this course for use offline or for other devices