UK abortion law: Reform proposals, private members' bills, devolution and the role of the courts

UK abortion law remains unsettled, and subject to on-going controversy and reform. This article offers a comprehensive critique of all reforms implemented or proposed since 2016. It examines reforms proposed in both Houses of Parliament and contextualises them within a public law analysis, showing b...

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Bibliographic Details
Published in:Modern law review 2019-01, Vol.82 (1), p.71-104
Main Authors: Taylor, Robert Brett, Wilson, Adelyn L.M.
Format: Article
Language:English
Subjects:
Abortion
Convention Rights
Decentralization
Devolution
Human rights
Judicial Review
Judicial reviews
Law and legislation
Law reform
Legal reform
Legislatures
Paternalism
Private Members' Bills
Public law
Reforms
Settlements & damages
Social aspects
Supreme Court decisions
Supreme courts
Citations: Items that cite this one
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Summary:UK abortion law remains unsettled, and subject to on-going controversy and reform. This article offers a comprehensive critique of all reforms implemented or proposed since 2016. It examines reforms proposed in both Houses of Parliament and contextualises them within a public law analysis, showing both that the complex parliamentary processes relating to Private Members' Bills have frustrated reform attempts, and that these attempts have been contradictory in their aims between the two Houses. Secondly, it examines the unique positions of Northern Ireland, Scotland and Wales to show the extent to which devolutionary settlements have influenced both reforms and executive involvement. Finally, it examines the potential impact of the courts on abortion law following Re Northern Ireland Human Rights Commission's Application for Judicial Review, showing that the Supreme Court's reframing of the debate in human rights terms is likely to affect abortion law, not only in Northern Ireland, but in the whole of the UK.
ISSN:0026-7961
1468-2230
DOI:10.1111/1468-2230.12389