. The doctrine of necessity is a term used to describe the basis on which extraordinary actions by administrative authority, which are designed to restore order or uphold fundamental constitutional principles, are found to be constitutional even if such an action would normally be deemed to be in contravestion to established norms or conventions. It also includes the ability of a private person to violate a law without punishment where the violation of law was necessary to prevent even worse harm. 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. 'that which is otherwise not lawful is made lawful by necessity' To foreclose when mis-takes are evident in the manner stated gives no one anything more yet, continues to deprive another is such a need for necessity of life, liberty and happiness... it IS a constitutional issue...

Posted by El Hotepsekhemwy Pero at 2020-09-23 19:04:00 UTC