COMPULSORY ADMISSION TO HOSPITAL (OPINION)
and order that is neither proven nor current. While we are entitled to
insist that practitioners give the necessary medical assurances, we are
also entitled to expect the authorities to establish the risk they are
invoking in order to justify an ongoing deprivation of liberty.
9/ In these conflicts involving medical practitioners, patients, the
authorities and the protection of third parties, the legal authority
should play its part to a greater extent. At minimum, therefore, it
is desirable that in the event of an administrative disagreement
between the medical profession and the administrative authority,
the competent court should pronounce judgment, in which case
the prison governor would be required to refer the matter to court
without any formalities.
83
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