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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 ...
The assertion that Q is necessary for P is colloquially equivalent to "P cannot be true unless Q is true" or "if Q is false, then P is false". [9] [1] By contraposition, this is the same thing as "whenever P is true, so is Q". The logical relation between P and Q is expressed as "if P, then Q" and denoted "P ⇒ Q" (P implies Q).
Biological tests of necessity and sufficiency refer to experimental methods and techniques that seek to test or provide evidence for specific kinds of causal relationships in biological systems. A necessary cause is one without which it would be impossible for an effect to occur, while a sufficient cause is one whose presence guarantees the ...
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 ...
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 general, Avicenna derives the attributes based on two aspects of the necessary existent: (1) its necessity, which can be shown to imply its sheer existence and a range of negations (e.g. not being caused, not being multiple), and (2) its status as a cause of other existents, which can be shown to imply a range of positive relations (e.g ...
In the case of the United States Government, implied powers are powers Congress exercises that the Constitution does not explicitly define, but are necessary and proper to execute the powers. The legitimacy of these Congressional powers is derived from the Taxing and Spending Clause, the Necessary and Proper Clause, and the Commerce Clause .