The Gods Must be Crazy: does Constitution Speak about Bioethics

Beširević, Violeta (2007) The Gods Must be Crazy: does Constitution Speak about Bioethics. Annals of the Faculty of Law in Belgrade, 55 (3). pp. 110-132. ISSN 1452-6557

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Abstract

This paper addresses the issue of the relationship between a constitution and bioethics. I will define bioethics as a discipline that studies ethical issues in medicine, raised in the aftermath of biotechnological and human rights revolution. I will argue that many bioethical dilemmas have been resolved by invoking constitutional rights and freedoms. In the discussion about this tendency, the examples of abortion, euthanasia and human cloning will be used. Arguing that the notion of constitutional rights is a key to address biotical dilemmas, I will not deny that other legal strategies may bring about the same result. The absence of constitutional adjudication does not mean that a bioethical problem is not constitutional. If constitution is silent on certain issue, it might mean that the issue is premature for constitutional adjudication and therefore, should be left for future generations to address. In conclusion: which of the legal strategies is going to be chosen, depends on political, legal, cultural and religious tradition of each particular state as well as time distance in which law should provide an answer to a technological or social innovation.

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