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Difficulty: MediumSeparation of Powers and Checks and Balances

In a constitutional democracy operating a presidential system of government, which of the following mechanisms represents a legislative check on the judicial branch?

  1. Confirming the appointment of judicial officers and exercising impeachment powersAnswer
  2. B
    Nullifying unconstitutional statutes passed by the national assembly
  3. C
    Granting presidential pardons and reprieves to convicted offenders
  4. D
    Deploying coercive physical force to enforce compliance with court judgments

Answer

Confirming the appointment of judicial officers and exercising impeachment powers
In a presidential democracy, legislative oversight of the judiciary is principally exercised through the power of legislative confirmation of judicial nominees and the authority to institute impeachment proceedings against judicial officers.

Step-by-Step Solution

1
Identify the target relationship
The question asks specifically for a check exercised by the Legislative branch over the Judicial branch.
Separation of powers endows each organ of government with specific constitutional mechanisms to limit the actions of other organs.
2
Evaluate the legislative checks over the judiciary
The legislature checks the judiciary by approving or confirming judicial appointments made by the executive and by holding the constitutional authority to impeach judges for gross misconduct.
This prevents judicial tyranny and ensures accountability of judges to elected representatives.

Key Concept

Legislative checks on the judiciary under the doctrine of separation of powers
Estimated Time:1m 0s
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Topics

Separation of Powers and Checks and Balances

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