由此
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A
B
C
64.
The doctrine of state necessity is part of the common law and
is not to be taken as a final or exhaustive statement of the court’s
A
B
C
jurisdiction to deal with analogous situations.
D
E
D
65.
Indeed, as the Supreme Court of Canada’s discussion on
E
Special Reference No. 1 of 1955, PLR [1956] WP 598, a decision of the
F
Federal Court of Pakistan, shows:
“… a situation of state necessity can arise as a consequence of
judicial invalidation of unconstitutional laws, leaving a legal
void.” Page 34.
G
H
F
G
H
which is:
I
I
“… illustrative of the broader principles which justify this
Court's action in the present case: namely, that otherwise invalid
acts may be recognized as temporarily valid in order to preserve
normative order and the rule of law. The Federal Court of
Pakistan allowed an unconstitutional exercise of executive power
since the effects of not allowing such an exercise of power would
have been anarchy and chaos and thereby a violation of the rule
of law.” Page 35.
J
K
L
M
N
O
P
66.
The approach adopted in the Manitoba Language case, has
been applied to different situations in Canada.
67.
R v Swain [1991] 1 SCR 933, the provisions of the Criminal
Code that required the detention of a person acquitted on the ground of
J
K
L
M
N
O
P
insanity were held contrary to the Charter of Rights. However, the
Q
R
Supreme Court of Canada held that there should be a six-month “period of
temporary validity” so that judges would not be compelled to release into
Q
R
the community all insane acquittees.
S
S
T
T
U
U
V
V