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    Question

    The "Doctrine of Necessity" in administrative law

    allows:
    A The government to violate any law in emergencies Correct Answer Incorrect Answer
    B The government to take action that would otherwise be ultra vires if necessary to prevent greater harm Correct Answer Incorrect Answer
    C The government to ignore due process Correct Answer Incorrect Answer
    D Any official to act beyond their authority Correct Answer Incorrect Answer
    E Citizens to disobey laws Correct Answer Incorrect Answer

    Solution

    The doctrine of necessity allows administrative action that would normally be ultra vires if it is taken to prevent immediate and serious harm to the public or state. However, this is a narrow exception and is subject to scrutiny. The government must act bona fide and must have no reasonable alternative. It does not permit complete abandonment of due process. [Citation: Administrative Law Principles; Privy Council judgments on necessity]

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