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Difficulty: MediumJudicial Independence and the Enforcement of the Rule of Law

A state governor in a constitutional federation issues an executive decree restricting peaceful public assembly. A civil rights organization challenges the constitutionality of the decree in a High Court. Which legal mechanism empowers the judiciary to declare the governor's executive decree null and void?

  1. A
    Appellate jurisdiction
  2. B
    Executive immunity
  3. Judicial reviewAnswer
  4. D
    Legislative impeachment

Answer

Judicial review empowers the judiciary to declare executive actions or laws that violate the constitution null, void, and of no legal effect.
Judicial review is the constitutional power vested in the courts to interpret constitutional provisions and nullify any executive order or law that violates the supreme law of the land, preserving the rule of law.

Step-by-Step Solution

1
Identify the key constitutional conflict in the scenario.
The executive branch has issued a decree that potentially infringes upon constitutional rights.
Determining the origin of the conflict clarifies which organ of government has legal authority to intervene.
2
Determine the legal principle enabling courts to nullify unconstitutional executive measures.
The court applies judicial review to measure the executive order against constitutional provisions.
Judicial review upholds constitutional supremacy and enforces the rule of law against arbitrary executive power.

Key Concept

Judicial Review and the Enforcement of the Rule of Law
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Topics

Judicial Independence and the Enforcement of the Rule of Law

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