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The doctrine of necessity is the basis on which extraordinary actions by administrative authority, which are designed to restore order or uphold fundamental constitutional principles, are considered to be lawful even if such an action contravenes established constitution, laws, norms, or conventions.
The Necessary and Proper Clause, also known as the Elastic Clause, [1] is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government ...
A government interest is compelling if it is essential or necessary rather than a matter of choice, preference, or discretion. [1] When government action infringes an individual's fundamental rights, the government must show that the government's action is necessary to achieve a compelling government interest. The protection of public health ...
Leibniz henceforth distinguishes two types of necessity: necessary necessity and contingent necessity, or universal necessity vs singular necessity. Universal necessity concerns universal truths, while singular necessity concerns something necessary that could not be (it is thus a "contingent necessity").
Medical necessity is a legal doctrine in the United States related to activities that may be justified as reasonable, necessary, and/or appropriate based on evidence-based clinical standards of care. In contrast, unnecessary health care lacks such justification. Other countries may have medical doctrines or legal rules covering broadly similar ...
Military necessity is governed by several constraints: an attack or action must be intended to help in the military defeat of the enemy; it must be an attack on a military objective; [1] and the harm caused to civilians or civilian property must be proportional and not "excessive in relation to the concrete and direct military advantage anticipated".
Federalist No. 51 addresses the separation of powers, the federal structure of government and the maintenance of checks and balances by "opposite and rival interests" within the national government. One of Federalist No. 51's most important ideas, an explanation of checks and balances, is the often-quoted phrase, "Ambition must be made to ...
In logic and mathematics, necessity and sufficiency are terms used to describe a conditional or implicational relationship between two statements. For example, in the conditional statement: "If P then Q", Q is necessary for P, because the truth of Q is guaranteed by the truth of P.