The Doctrine of Necessity in Constitutional Law

Περιγραφή:

Τhe book deals with the most classical question of Cypriot law: the Law of Necessity. The approach towards such a fundamental issue is innovative, thoroughly detailed and founded on constructively critical argumentation. The author emphasizes the uniqueness of the importance of the Law of Necessity for the Cypriot legal system as well as the international recognition of the Cypriot case law as forming an international prototype. The analysis is based on an overview of the theoretical dimension of the Law of Necessity with reference to Kelsen and on the application of other related legal principles in 19 foreign jurisdictions. In addition, the book examines methodically and exhaustively the case law that applied the reasoning of the landmark decision in Ibrahim. Moreover, the emphasis is placed on the criteria identified in Ibrahim and also on unknown aspects of the case law that preceded that judgment. The adopted approach identifies the need for caution and intense judicial review that is required due to the extreme nature of the Law of Necessity that is to be applied only as the last resort for self-defense. The long application of the Law of Necessity is analyzed with reference to dozens of judgments of the Supreme Court to an extent and depth not attempted before. The work is essential for every student of Cypriot law and is specifically relevant for any lawyer studying or practicing constitutional law. Moreover, the book is useful for each analyst applying the comparative methodology and is also a contemporary contribution in the era of memorandums and the economic crisis that creates unique constitutional conditions.