JAMB 2023 Government · Question 38
The judiciary checks the other arms of government through
Options
- A.Judicial recall
- B.Judicial precedence
- C.Judicial review
- D.Judicial oversight
Answer: C. Judicial review
Explanation written with AI and checked against the answer key
1. Analyze the question The question asks about the power the judiciary uses to keep the executive and legislature in check. This is part of the doctrine of separation of powers and checks and balances.
2. Explain the concept Each arm of government has a way of limiting the others:
- The legislature checks the executive through oversight, impeachment, and approval of appointments.
- The executive checks the legislature through the veto and the power of assent.
- The judiciary checks both through judicial review.
Judicial review is the power of the courts to examine laws passed by the legislature and actions of the executive, and to declare them null and void if they violate the Constitution (unconstitutional or ultra vires).
3. Solution: going through the options
- A. Judicial recall. This is not a standard judiciary power. Recall is a process by which voters remove an elected official, so it does not apply here.
- B. Judicial precedence. This refers to the practice of courts following earlier decisions (stare decisis). It guides how judges decide cases, but it is not a check on other arms.
- C. Judicial review. Correct. It is the court's power to invalidate unconstitutional laws and executive actions.
- D. Judicial oversight. Oversight is mainly a legislative function, such as committees investigating ministries and agencies. It is not the standard term for the judiciary's check.
4. Answer The correct option is **C.
5. Exam tip Link each arm with its key check:
- Legislature → oversight / impeachment
- Executive → veto
- Judiciary → judicial review
If you see "judiciary" and "checks other arms" together, think review. In Nigeria, the courts have used this power to nullify unconstitutional laws and actions under the 1999 Constitution.
AI can make mistakes. Report anything that looks wrong.
Past questions © the examination body (JAMB/WAEC/NECO). DeeepSolve is not affiliated with them. Rights holders: see /copyright.
