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Difficulty: Very hardThe Executive: Types, Functions, and Powers

In constitutional governance, the executive organ frequently exercises delegated legislative authority through administrative orders and ordinances. When an executive ordinance directly contradicts an existing legislative enactment during normal constitutional rule, which of the following principles determines the legal standing of the executive action?

  1. The statutory law maintains legal supremacy over the executive ordinance, rendering the conflicting ordinance invalid unless explicit constitutional emergency provisions authorize temporary override.Answer
  2. B
    The executive ordinance automatically supersedes statutory law because delegated legislative power grants the executive unchecked authority over existing legislation.
  3. C
    The executive head enjoys constitutional immunity that shields all administrative ordinances from judicial review and invalidation by the courts.
  4. D
    In a cabinet arrangement, the ceremonial head of state possesses independent discretionary power to enforce executive ordinances above parliamentary acts.

Answer

The statutory law maintains legal supremacy over the executive ordinance, rendering the conflicting ordinance invalid unless explicit constitutional emergency provisions authorize temporary override.
The correct answer correctly establishes that statutes enacted by the legislative organ take precedent over executive administrative ordinances under standard constitutional conditions, preserving the separation of powers and the doctrine of ultra vires unless explicit constitutional emergency clauses state otherwise.

Step-by-Step Solution

1
Analyze the nature of executive delegated legislation.
Executive ordinances are subordinate acts made under powers delegated by the legislature or constitution.
Delegated legislation cannot exceed or contradict the primary statute from which authority is derived.
2
Apply the principle of constitutional checks and hierarchy of laws.
Statutory enactments of parliament supersede administrative rules made by the executive branch.
Under separation of powers, the legislature holds primary law-making supreme authority.
3
Evaluate constitutional exceptions regarding emergency powers.
Only explicit constitutional emergency clauses permit temporary suspension or override of standard statutes by executive decree.
Exceptional constitutional mechanisms exist specifically to manage state emergencies while maintaining legal order.

Key Concept

Hierarchy of Executive Delegated Powers and Constitutional Limitations
Estimated Time:2m 0s
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Topics

The Executive: Types, Functions, and Powers

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