Research on human embryos and cloning : difficulties of legislating in a changing environment and model approaches to regulation

Magri, Sonia 2005, Research on human embryos and cloning : difficulties of legislating in a changing environment and model approaches to regulation, Journal of law and medicine, vol. 12, no. 4, pp. 483-493.

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Title Research on human embryos and cloning : difficulties of legislating in a changing environment and model approaches to regulation
Author(s) Magri, Sonia
Journal name Journal of law and medicine
Volume number 12
Issue number 4
Start page 483
End page 493
Publisher Law Book Company
Place of publication North Ryde, N.S.W.
Publication date 2005
ISSN 1320-159X
Summary It is difficult to regulate rapidly changing fields of science. New technologies are not anticipated and legislation becomes inadequate. Legislative definitions are also problematic. This article begins with consideration of such difficulties in the context of research on human embryos and cloning. It considers problems with past legislative definitions in Australia, the new regulatory regime, and whether that regime now sets clear boundaries. It is found that problems still exist – some terms are not adequately defined and boundaries for research prove unclear. Three regulatory approaches are therefore discussed. Legislation based on strict definitions is compared to a legislative model that leaves terms undefined. The third model – which combines framework legislation with the oversight of a regulatory authority – is seen as most suitable. However, problems with this model are recognised and suggestions made regarding how to ensure the “framework” remains workable and effective.
Language eng
Field of Research 189999 Law and Legal Studies not elsewhere classified
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©2005, Lawbooks Company
Persistent URL http://hdl.handle.net/10536/DRO/DU:30035051

Document type: Journal Article
Collection: School of Law
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