由此 - 21 - 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

Select target paragraph3