WAEC 2016 Government · Question 24

When an action of the executive is declared ultra-vires, it is a control exercised by the

Options

  1. A.public
  2. B.minister
  3. C.judiciary
  4. D.parliament

Answer: C. judiciary

Explanation written with AI and checked against the answer key

Step 1: Analyze the question The question asks which body declares an executive action ultra vires and so controls the executive.

Step 2: Explain the concept Ultra vires is Latin for "beyond the powers." An action is ultra vires when an official or agency acts outside the authority given by the constitution or by law. Only a court can formally rule on this, through judicial review. The courts examine executive actions and decide whether they are legal and within the powers granted. If they are not, the courts declare them null and void.

Step 3: Work through the options

  • A. Public: The public can criticize the executive through protests, the press and elections. It cannot legally declare an action ultra vires.
  • B. Minister: A minister is part of the executive, so he or she cannot control the executive in this way.
  • C. Judiciary: Correct. Courts interpret the law and can nullify executive actions that exceed legal authority.
  • D. Parliament: The legislature controls the executive through questioning, committees, budget approval, impeachment and oversight. It does not declare actions ultra vires. That is a judicial function.

Step 4: Answer The correct option is C. judiciary.

Tip: Link the words to the organs of government. "Ultra vires," "judicial review" and "null and void" all point to the judiciary. "Query," "impeach" and "approve budget" point to the legislature.

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