Can Pakistan rid itself of the doctrine of necessity?

The doctrine of necessity was shown the light of day by two English jurists named William Blackstone (1773-1868) and Henry de Bracton (1210-1268). The doctrine pertains to the principle of making lawful by necessity that which is otherwise unlawful. Hence, allowing the state to legitimately act in ways that would otherwise be illegal and unconstitutional. While the doctrine remains unimplemented in England, which successfully recognised Blackstone’s celebration of the common law of England as glorifying the past, the government and the judiciary of Pakistan have repeatedly hidden behind this doctrine when abusing the longstanding principle of separation of powers. One would ...

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from Welcome to Pakistan – The Express Tribune Blog https://ift.tt/2Q9M8EC

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