Legal Transplantations: Exploring the Development of Organ Donation between devolved governments in the UK
Authors: Watkins, M., John, H., Ruby, R.-B. and Ann-Maree, F.
Conference: Socio-Legal Studies Association
Dates: 6-8 April 2022
Abstract:The adoption of administrative and legislative devolution in the UK, under the 1997 Labour Government, was a paradigm shift away from centralised health law and policy-making, emanating from Westminster. For the first time Scotland, Northern Ireland and Wales, were afforded the legislative competence to govern (and legislate) in matters related to health. The competence of the Westminster parliament is now broadly limited to England. Whilst the uneven nature of the constitutional settlement meant that divergence in ‘health law’ was inconsistent, commentators such as Greer, recognised that devolved administrations embarked upon radically different policy trajectories – including the promotion of distinct values for health care and public health. While this divergence has led to controversy over access to health care and most recently approaches to COVID-19, it has also allowed room for political and legal experimentation, and policy-learning as between devolved and Westminster governments. One of the most successful examples of the latter has been the near universal adoption of a soft opt-out system of organ donation for deceased person. Our ongoing British Academy/ Leverhulme project investigates the political and legislative processes which that have led to this unexpected policy convergence. A detailed analysis of the law, parliamentary and policy documentation, is complemented by in depth interviews with key stakeholders across the three devolved regions, and at Westminster. Out close focus on the pathways of influence and the overlapping rhetorics of value and identity will allow novel insight into the legislative processes in relation to health across the UK, as well the operation of the current constitutional settlement, more broadly. This panel will showcase key themes emerging from the project, inviting critical engagement, and allowing for reflection on the wider health law and constitutional issues raised by the project. Specific topics for discussion will include:
Source: Manual