Examkin

Question

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

Which of the following scenarios specifically illustrates the exercise of judicial review by a competent court in Nigeria?

  1. A
    The Court of Appeal setting aside a criminal conviction passed by a State High Court due to improper evaluation of trial evidence.
  2. B
    The Supreme Court reviewing a final judgment of the Court of Appeal to resolve a civil dispute between private citizens over land ownership.
  3. A State High Court invalidating an edict enacted by a State House of Assembly for violating fundamental rights provisions of the Constitution.Answer
  4. D
    A Customary Court of Appeal hearing a legal challenge against a District Court decision regarding traditional marriage rites.

Answer

A State High Court invalidating an edict enacted by a State House of Assembly for violating fundamental rights provisions of the Constitution.
Judicial review refers to the power of the judiciary to determine the constitutional validity of legislative statutes and executive directives. When a High Court strikes down a state law enacted by a House of Assembly because it contradicts constitutional guarantees, it is exercising judicial review.

Step-by-Step Solution

1
Define the precise meaning of judicial review in political science and constitutional law.
Judicial review is the constitutional power of courts to examine laws passed by the legislature and actions taken by the executive to ensure they conform with the supreme constitution.
Establishing the target concept separates constitutional scrutiny of state actions from regular court trial processes.
2
Differentiate judicial review from appellate jurisdiction.
Appellate jurisdiction involves reviewing lower court decisions on appeal, whereas judicial review tests government laws and executive actions directly against constitutional standards.
This distinction eliminates options that merely describe higher courts hearing appeals from lower courts.
3
Identify the option that satisfies the definition of judicial review.
A court striking down a state law (edict) passed by the House of Assembly due to constitutional conflict is a direct application of judicial review.
The court acts as the guardian of the constitution by declaring an unconstitutional legislative enactment null and void.

Key Concept

Judicial review is the legal power of the courts to invalidate legislative enactments and executive actions that violate the constitution.
Estimated Time:1m 0s
Rate this question

Topics

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

More questions from this topic