Examkin

Question

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

A civil society group institutes an original lawsuit in court seeking an order to invalidate a newly passed statutory Act of Parliament, contending that its provisions directly violate constitutional rights, without seeking to reverse any lower court verdict. Which legal mechanism is the court invoked to perform when examining whether this statutory enactment is unconstitutional?

  1. A
    The exercise of appellate jurisdiction, which allows higher courts to review and correct procedural errors committed by subordinate judicial tribunals.
  2. The power of judicial review, which empowers competent courts to declare acts of the legislature or executive null and void to the extent of their inconsistency with the constitution.Answer
  3. C
    The exercise of legislative oversight, which authorizes judges to directly alter statutory bills prior to executive assent.
  4. D
    The prerogative of administrative discretion, which permits judicial officers to adjust legislative policies based on public sentiment.

Answer

The legal mechanism is the power of judicial review, which authorizes courts to test the constitutionality of legislative statutes and strike down provisions that violate constitutional provisions.
The correct answer accurately identifies the power of judicial review. When a court assesses whether a legislative act violates fundamental constitutional rights in an original suit, it is determining constitutional validity rather than hearing an appeal from a subordinate tribunal.

Step-by-Step Solution

1
Analyze the nature of the legal action presented in the stem.
The action is an original suit challenging the constitutional validity of a legislative statute, not an appeal from a lower court decision.
Identifying the origin and purpose of the lawsuit helps distinguish between appellate processes and constitutional review.
2
Differentiate between appellate jurisdiction and judicial review.
Appellate jurisdiction requires a prior decision by a subordinate judicial body, whereas judicial review tests legislative or executive actions directly against constitutional standards.
A common misconception conflates challenging legislative acts for unconstitutionality with normal appellate litigation.
3
Select the constitutional mechanism that matches striking down inconsistent laws.
Judicial review is the specific doctrine upholding constitutional supremacy by invalidating inconsistent laws.
Under constitutional democracy, judicial review ensures that legislative statutes remain subordinate to the constitution.

Key Concept

Judicial Review versus Appellate Jurisdiction
Estimated Time:2m 0s
Rate this question

Topics

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

More questions from this topic