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Difficulty: HardFederal System of Government

In a constitutionally established federal system where residual powers are reserved for component units, a regional assembly enacts a law governing local traditional institutions and market administration within its borders. Subsequently, the central parliament passes a statute claiming exclusive authority to regulate all commercial and chieftaincy affairs nationwide. If the regional government challenges this statute in the supreme constitutional court, how will the court most likely resolve the conflict?

  1. A
    The central parliament's statute overrides the regional law because federal legislation inherently possesses absolute supremacy across all administrative tiers.
  2. The regional assembly's law remains valid because matters not listed in the exclusive or concurrent lists fall under residual powers constitutionally reserved for component units.Answer
  3. C
    The regional law is nullified because political sovereignty resides in the central legislature, granting it ultimate authority to redefine constitutional legislative lists at will.
  4. D
    The central parliament's law prevails because component units in a federal arrangement retain legal sovereignty only over foreign defense and international trade affairs.

Answer

The regional assembly's law remains valid because matters not listed in the exclusive or concurrent lists fall under residual powers constitutionally reserved for component units.
In a federal system with constitutionally defined power lists, matters not explicitly enumerated under the central exclusive list or the shared concurrent list fall under residual powers. Residual powers belong exclusively to the component units. Consequently, the regional assembly has sole authority over local traditional institutions and market administration, making any central legislative interference unconstitutional.

Step-by-Step Solution

1
Analyze the constitutional distribution of legislative powers in a federal government.
Legislative matters are divided into Exclusive (central government), Concurrent (shared), and Residual (component units) lists.
Federal constitutions demarcate authority to preserve regional autonomy alongside national unity.
2
Identify the legislative classification of local traditional institutions and market administration.
These items are not enumerated in the Exclusive or Concurrent lists, placing them under Residual powers.
By definition, any unlisted subject matter defaults to the residual domain reserved for regional legislatures.
3
Evaluate the validity of the central parliament's nationwide statute.
The central parliament lacks constitutional competence to legislate on residual subjects reserved for component units.
The doctrine of federal legislative supremacy applies strictly to valid central laws within exclusive or concurrent jurisdictions, not residual matters.

Key Concept

Residual Powers and Limits of Central Legislative Supremacy in Federalism
Estimated Time:2m 0s
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Topics

Federal System of Government

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