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Articles of the European Convention on Human Rights

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Necessity

The worst of two evils?

Jacqui de Silva looks at the complex questions around necessity as a defence

This article is relevant to OCR A-level Unit 2 Section B and WJEC Eduqas Paper 2 Section C.

Necessity has long been considered one of the curiosities of English law and the precise extent of it remains uncertain. It has loitered within the obscurities of the common law since its early recognition in the sixteenth century. Lord Denning observed:

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Previous

Articles of the European Convention on Human Rights

Next

Why do we need controls over delegated legislation?

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