ABSTRACT
This chapter examines the possible justifications for the existence of wide compulsory powers and considers the principles which might be used to inform and underpin modern mental health law. In order to discuss the question it may be useful to return to the policy goals as common to most traditional mental health legislation: access to services, protection of the patient, protection of the public. In practice, many jurisdictions, with the marked exception of England and Wales, do provide for substitute decision-making for all those who lack capacity for whatever reason, including mental disorder. While non-discrimination and the principle of respect for patient autonomy were central to the Expert Committee's approach, a number of additional principles and entitlements were also recognised. In addition to the principles and entitlements, the Expert Committee placed considerable emphasis on the early intervention of independent decision-making in the process of involuntary care and treatment.
