The application of the rule of law may be constrained by ________

Analyze the question: The question asks what can limit or constrain the rule of law. The rule of law means everyone, including government officials, is subject to the law, and that the law is applied fairly and equally.

Explain the concept: Options A, B and C are all things that support the rule of law. They protect judicial independence and fairness:

• A. Securing tenure of office of judges: Judges cannot be easily removed, so they can rule without fear. This strengthens the rule of law.
• B. Insulating judges from partisan politics: This keeps courts impartial. It strengthens the rule of law.
• C. Employing men of proven integrity as judges: Honest judges give fair judgments. It strengthens the rule of law.
• D. Invoking emergency powers: During a state of emergency, the government can suspend certain rights, restrict movement, detain people without the usual process, and limit court powers. This restricts how far the rule of law applies.

Solution: Since the question asks for something that constrains the rule of law, we look for the option that limits it rather than supports it. Only emergency powers do this.

Answer: D. invoking emergency powers

Tip: In "rule of law" questions, remember the common limitations: emergency powers, diplomatic immunity, legislative immunity, executive immunity (for the President and Governors in Nigeria), and martial law/military rule. If three options sound like "good things" for the judiciary and one sounds like a "restriction", the restriction is usually the answer to a "constrained by" question.