Protecting the Public?

The separation of powers and independent, judicial decision-making are generally accepted as hallmarks of the rule of law in democratic societies. Yet the exercise of executive discretion remains an important aspect of criminal justice in many areas. This book explores the tension between the rights of individuals detained under criminal and mental health law and the responsibility for public protection in the little-known world of executive discretion over mentally disordered offenders.

Auteur

Boyd-Caine, Tessa

Contenu

1. Executive Discretion and the Rule of Law 2. Care and Control 3. The Operation of Executive Discretion 4. Relationships in the System of Executive Discretion 5. Constructing 'The Public' 6. Human Rights and the Restricted Patient System 7. Patient Rights and Public Protection