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Difficulty: MediumThe Judiciary: Functions, Hierarchy of Courts, and Judicial Review

A citizen challenges an administrative order issued by a Federal Minister, claiming it exceeds the statutory powers granted under an Act of the National Assembly. When a court evaluates whether this executive action conforms with the Constitution and enabling statute, which judicial power is it primarily exercising?

  1. A
    Appellate jurisdiction
  2. Judicial reviewAnswer
  3. C
    Advisory jurisdiction
  4. D
    Prerogative of mercy

Answer

Judicial review
Judicial review is the constitutional power vested in competent courts to examine acts of the executive and legislative arms of government to ensure compliance with the law and the Constitution, declaring invalid any acts that exceed legal authority.

Step-by-Step Solution

1
Analyze the legal action described in the scenario
The court is asked to test the validity of a Ministerial order against statutory and constitutional boundaries.
Determining whether an executive body has acted within its lawful authority is a key mechanism of checking administrative overreach.
2
Identify the corresponding legal function of the judiciary
The judicial power to invalidate unconstitutional or ultra vires government actions is known as judicial review.
Judicial review specifically applies to examining official executive and legislative acts, whereas appellate jurisdiction deals with reviewing trial decisions of subordinate courts.

Key Concept

Judicial Review
Estimated Time:1m 0s
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Topics

The Judiciary: Functions, Hierarchy of Courts, and Judicial Review

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