JAMB 2018 Government · Question 55
The operation of the rule of law is abused by the__________
Options
- A.conspiracy by the two house of the legislature to impeach the president
- B.inability of the press to discharge its responsibilities
- C.unfriendly attitude of pressure groups
- D.existence of administrative tribunals and special immunities
Answer: D. existence of administrative tribunals and special immunities
Explanation written with AI and checked against the answer key
1. Analyze the question The question asks which of the options undermines or abuses the operation of the rule of law.
2. The concept The rule of law, as propounded by A.V. Dicey, rests on three principles:
- Supremacy of the law: no one can be punished except for a breach of the law, established in an ordinary court.
- Equality before the law: everyone, including government officials, is subject to the same law and the same ordinary courts.
- Predominance of legal spirit: individual rights are protected by the courts and the constitution.
Anything that exempts certain people from ordinary law or removes them from ordinary courts weakens the rule of law.
3. Evaluate the options
- A. Conspiracy by the two houses of the legislature to impeach the president: Impeachment is a constitutional process for removing a president who commits gross misconduct. Even if it were abused, it is a political and constitutional matter and not the classic example of abuse of the rule of law.
- B. Inability of the press to discharge its responsibilities: This weakens accountability and democracy generally, but it is not a direct breach of the rule of law principles.
- C. Unfriendly attitude of pressure groups: Pressure groups lobby and advocate. Their attitude does not affect whether the law applies equally.
- D. Existence of administrative tribunals and special immunities: Administrative tribunals handle disputes outside the ordinary courts. Immunities (for example, the immunity of the President and Governors, or of diplomats) place some people above ordinary legal processes. Both conflict with Dicey's principle of equality before the law and the supremacy of ordinary law. This is the classic exception to the rule of law.
4. Answer The correct option is D.
5. Exam tip Remember that "exceptions to the rule of law" include: diplomatic immunity, executive immunity (President/Governors), administrative tribunals (delegated legislation and adjudication), martial law/state of emergency, and parliamentary privilege. If an option mentions "immunity" or "special courts or tribunals" in a rule of law question, it is very likely the answer.
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