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

In a constitutional democracy like Nigeria, which legal power enables the judiciary to invalidate acts of the executive or laws passed by the legislature that conflict with the constitution?

  1. The power of judicial reviewAnswer
  2. B
    Appellate jurisdiction
  3. C
    Original jurisdiction
  4. D
    Prerogative of mercy

Answer

The power of judicial review
The power of judicial review enables courts to act as guardians of the constitution by declaring null and void any statute or executive policy that violates constitutional provisions.

Step-by-Step Solution

1
Identify the key function of the judiciary designed to enforce constitutional supremacy over government actions.
Judicial review is the specific authority vested in the courts to nullify legislative enactments or executive actions that violate the constitution.
Under constitutionalism, the constitution is the supreme law, and any conflicting law is void to the extent of its inconsistency.
2
Differentiate judicial review from trial and appellate jurisdictions.
While appellate jurisdiction reviews lower court judgements and original jurisdiction hears cases at first instance, judicial review measures state actions against constitutional standards.
Mistaking judicial review for general appellate litigation overlooks its constitutional checking function on coordinate branches of government.

Key Concept

Judicial Review in Nigeria
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Topics

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

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