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Difficulty: MediumDemocracy

In a democratic nation, a government minister asserts that emergency directives issued by the executive cannot be subjected to court review because the ruling party holds a parliamentary majority. Which core principle of democratic governance does this assertion violate?

  1. A
    The doctrine that political authority allows the executive to exercise unchecked coercive force during national emergencies.
  2. B
    The concept that legal sovereignty transfers complete law-making supremacy to cabinet ministers upon election.
  3. The requirement that executive actions remain subject to judicial review and constitutional checks under the rule of law.Answer
  4. D
    The principle that subjecting emergency executive decrees to judicial oversight breaches executive procedural immunity.

Answer

The requirement that executive actions remain subject to judicial review and constitutional checks under the rule of law.
Democratic governance requires that executive power operates strictly within constitutional limits. Judicial review ensures that even during emergencies, executive actions do not exceed statutory powers or infringe upon fundamental constitutional standards.

Step-by-Step Solution

1
Analyze the minister's assertion in the scenario
The minister claims that executive emergency decrees are exempt from judicial challenge due to a parliamentary majority.
This assertion claims immunity from judicial oversight for the executive organ of government.
2
Evaluate democratic governance standards regarding executive power
In a democratic state, the rule of law ensures that all executive decisions must align with the constitution and remain subject to judicial review.
Judicial review acts as a vital constitutional check to prevent executive arbitrariness and safeguard citizen liberties.

Key Concept

Constitutional Oversight and Judicial Review in Democratic Governance
Estimated Time:1m 0s
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Topics

Democracy

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