Question

Which one of the follolwing is NOT true of the doctrine of necessity as applied in adminstrative hearings?

• A. Administrative decisions not based on sound necessity is justifiable.
• B. Necessity acts as an exception to bias.
• C. The non-application of the doctrine in certain situations would impede justice.
• D. It postulates that every kind of preference made in administrative decisions and its process need not vitiate an administrative action.

Answer 1

Answer:

A. Administrative decisions not based on sound necessity is justifiable.

• In the context of administrative law and the doctrine of necessity, administrative decisions should ideally be based on sound reasoning and necessity.
• If a decision is made without a legitimate necessity or justification, it could be seen as arbitrary, capricious, or unjust, potentially leading to challenges or legal disputes.
• The doctrine of necessity is a legal principle used in administrative law to address situations where disqualifying individuals due to bias or conflicts of interest would render the administrative process unworkable.
• It's invoked to ensure that justice is not impeded when there are no other reasonable alternatives available.