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

A State House of Assembly in Nigeria passed a statute imposing criminal penalties on citizens who criticize state executive policies. A legal practitioner challenged the law at the High Court, asserting that it violates express provisions on fundamental rights under the 1999 Constitution. Upon examination, the court declared the statute unconstitutional, null, and void. Which judicial function or power is directly demonstrated in this court ruling?

  1. Judicial reviewAnswer
  2. B
    Appellate jurisdiction
  3. C
    Advisory jurisdiction
  4. D
    Prerogative of mercy

Answer

Judicial review
The correct answer is judicial review because it represents the power of the courts of law to interpret the constitution and declare invalid any legislative act or executive order that runs contrary to constitutional provisions.

Step-by-Step Solution

1
Analyze the legal scenario presented in the stem.
A court is evaluating a statute passed by a legislative body against constitutional provisions.
Identifying the subject of the legal dispute determines which constitutional doctrine applies.
2
Distinguish between court jurisdictions and powers of constitutional control.
Nullifying a legislative act for violating constitutional fundamental rights is the core mechanism of judicial oversight of legislation.
Appellate jurisdiction reviews lower court decisions, while evaluating the constitutionality of acts of parliament or assemblies is judicial review.
3
Select the option describing the constitutional power to declare unconstitutional laws null and void.
Judicial review is the correct judicial power.
The principle of constitutional supremacy empowers the judiciary to declare legislative acts void to the extent of their inconsistency with the constitution.

Key Concept

Judicial Review and Constitutional Supremacy
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Topics

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

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