Hans Kelsen's Doctrine Of Necessity In Pakistan

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KELSENS DOCTRINE OF NECESSITY AND ITS APPLICATION IN PAKISTAN

1. INTRODUCTION
The doctrine of necessity also known as the common law doctrine which is actually state or civil necessity which provides a way to justify for otherwise unlawful government conduct during state emergency.

1.1 HISTORICAL BACKROUND
The theory of doctrine of necessity was furnished by famous legal theorist Hans Kelsen (1881-1973) in the 20th Century, In his classical study of theory of law and state which had a theme that successful revolution is a law creating fact. The Doctrine of necessity was not found to be that much useful in the west as third world democracies were disfigured as a result of third world militaries.

1.2 DEFINITION
The term doctrine of necessity is a term used to describe the basis on which extra legal actions by state actors which are developed to restore order are found to be lawful or constitutional.

1.3 ORIGIN
The maxim on which the doctrine of necessity is based originated from the writings of Henry de bracton and synonymous justifications of this type of lawful actions have been advanced by more recent authorities including William Blackstone.

2. LANDMARK CASES IN PAKISTAN
While talking of obligation of Martial Law in Pakistan and ten cases are substantial. In order to properly escalate the critical development and evolution of the doctrine it is necessary to familiarize ourselves with the facts and the law.

2.1 Federation of
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