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

When a competent court of law in Nigeria examines an Act passed by the National Assembly to determine whether its provisions violate the Constitution and subsequently declares any conflicting section null and void, which power or function is the court exercising?

  1. A
    Appellate jurisdiction
  2. Judicial reviewAnswer
  3. C
    Original trial litigation
  4. D
    Advisory jurisdiction

Answer

Judicial review
Judicial review is the constitutional power vested in the judiciary to invalidate laws enacted by the legislature or actions taken by the executive if they violate the provisions of the Constitution.

Step-by-Step Solution

1
Identify the nature of the court's action in the scenario
The court is evaluating a legislative statute against constitutional standards to determine its legal validity.
Under constitutional democracy and judicial review principles, the Constitution is supreme, and any legislative act contrary to it is void.
2
Differentiate between judicial functions
Testing laws for constitutionality and nullifying inconsistent statutes is specifically defined as judicial review.
Appellate jurisdiction reviews lower court verdicts, whereas judicial review invalidates executive or legislative actions that breach constitutional boundaries.

Key Concept

Judicial Review in Constitutional Law
Estimated Time:1m 0s
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Topics

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

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