WAEC 2019 Government · Question 22

The constitutional power given to the judiciary to interpret legislative acts, executive and administrative…

Question

The constitutional power given to the judiciary to interpret legislative acts, executive and administrative actions and to declare its constitutionality or otherwise is _____

  1. A.judicial power
  2. B.separation of power
  3. C.judicial review
  4. D.administrative processes

Answer: C. judicial review

Explanation written with AI and checked against the answer key

1. Analyze the question The question asks for the name of the power that lets the courts examine laws passed by the legislature and actions taken by the executive and administrators, then declare them constitutional or unconstitutional.

2. Explain the concept This power is called judicial review. It is the authority of the courts, especially the Supreme Court or a Constitutional Court, to:

  • Interpret the constitution and laws
  • Examine legislative acts (laws) and executive or administrative actions
  • Declare them valid (constitutional) or invalid (unconstitutional, null and void)

In Nigeria, sections 4 and 6 of the 1999 Constitution give the courts this power. It is an important tool of checks and balances.

3. Go through the options

  • A. Judicial power: This is the general authority of the courts to hear cases and administer justice. It is too broad and does not specifically mean declaring acts constitutional or unconstitutional.
  • B. Separation of power: This is the division of government into the legislature, executive and judiciary. It is a principle, not the court's power to check the other arms.
  • C. Judicial review: This is the power of the courts to review the acts of the legislature and executive and declare them constitutional or unconstitutional. ✔
  • D. Administrative processes: These are routine procedures within the civil service and executive. They have nothing to do with the courts.

4. Answer The correct option is C. judicial review.

5. Exam tip Look for keywords. "Declare an act unconstitutional" or "interpret the constitution" points to judicial review. "Dividing government powers" points to separation of powers. "Hearing cases" points to judicial power.

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