The Doctrine of Necessity is the basis on which extra-legal actions by state actors, which are designed to restore order, are found to be constitutional. The maxim on which the doctrine is based originated in the writings of the medieval jurist Henry de Bracton, and similar justifications for this kind of extra-legal action have been advanced by more recent legal authorities, including William Blackstone.
In modern times, the doctrine was first used in a controversial 1954 judgment in which Pakistani Chief Justice Muhammad Munir validated the extra-constitutional use of emergency powers by Governor General, Ghulam Mohammad. In his judgment, the Chief Justice cited Bracton's maxim, 'that which is otherwise not lawful is made lawful by necessity', thereby providing the label that would come to be attached to the judgment and the doctrine that it was establishing.
The Doctrine of Necessity has since been applied in a number of Commonwealth countries, and in 2010 was invoked to justify extra-legal actions in Nigeria.
Read more about Doctrine Of Necessity: Pakistan, 1954: First Use of The Doctrine of Necessity, Grenada, 1985: Second Use of The Doctrine of Necessity, Nigeria, 2010: Nigerian Parliament Creates An Acting President
Famous quotes containing the words doctrine of, doctrine and/or necessity:
“I prize the purity of his character as highly as I do that of hers. As a moral being, whatever it is morally wrong for her to do, it is morally wrong for him to do. The fallacious doctrine of male and female virtues has well nigh ruined all that is morally great and lovely in his character: he has been quite as deep a sufferer by it as woman, though mostly in different respects and by other processes.”
—Angelina Grimké (1805–1879)
“I prize the purity of his character as highly as I do that of hers. As a moral being, whatever it is morally wrong for her to do, it is morally wrong for him to do. The fallacious doctrine of male and female virtues has well nigh ruined all that is morally great and lovely in his character: he has been quite as deep a sufferer by it as woman, though mostly in different respects and by other processes.”
—Angelina Grimké (1805–1879)
“The secret of the illusoriness is in the necessity of a succession of moods or objects. Gladly we would anchor, but the anchorage is quicksand.”
—Ralph Waldo Emerson (1803–1882)