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:
“There is no doctrine of the Reason which will bear to be taught by the Understanding.”
—Ralph Waldo Emerson (1803–1882)
“A faith is something you die for, a doctrine is something you kill for. There is all the difference in the world.”
—Tony Benn (b. 1925)
“The sadness of the women’s movement is that they don’t allow the necessity of love. See, I don’t personally trust any revolution where love is not allowed.”
—Maya Angelou (b. 1928)