WAEC 2020 Government · Question 28
The principle of separating the judiciary from the other organs of government and making it free from executive and legislative influence is termed __________
Options
- A.judiciary
- B.judicial review
- C.separation of powers
- D.fusions of powers
Answer: C. separation of powers
Explanation written with AI and checked against the answer key
Step 1: Analyze the question The question asks for the name of the principle that keeps the judiciary separate from the executive and legislature, so that it is free from their influence.
Step 2: Explain the concept Government has three organs:
- Legislature makes laws.
- Executive implements laws.
- Judiciary interprets laws and settles disputes.
The doctrine of separation of powers, associated with Baron de Montesquieu, says these three organs should be distinct in function and personnel. No organ should dominate or interfere with another. This protects citizens from tyranny. Judicial independence is one key part of it.
Step 3: Check each option
- A. Judiciary: This is the organ itself (the courts), not the principle.
- B. Judicial review: This is the court's power to examine laws and executive actions and declare them unconstitutional. It is not about separating the judiciary from other organs.
- C. Separation of powers: This is the principle of keeping the organs apart and free from each other's control. It matches the question.
- D. Fusion of powers: This is the opposite. The organs overlap, as in a parliamentary system where ministers sit in the legislature.
Step 4: Answer The correct option is C. separation of powers.
Tip: If a question says "separating" or "independent of" the organs of government, think separation of powers. If it says "overlap" or "combined," think fusion of powers. If it says "declaring a law unconstitutional," think judicial review.
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