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Suspicion of judges leaning toward power may increase
Judiciary will always become more impartial
Parliament will automatically end
Citizens' rights will only increase
Question 1ExpertLevel 64
What is judiciary's balancing role between supremacy of Constitution and Parliament's law-making power?
Correct answer: A
Through judicial review, the judiciary examines whether a law made by Parliament conforms to the Constitution and fundamental rights. If a law, or part of it, is unconstitutional, a court may declare it invalid. The judiciary does not permanently prevent Parliament from making laws; it safeguards constitutional limits. Exam tip: checking a law against the Constitution points to judicial review.
Why is giving reasons in judicial decisions important?
Correct answer: A
A judicial decision should give reasons because the parties need to know how the court reached its conclusion. Reasons show which facts, laws and constitutional principles were considered. They make the process more transparent, discourage arbitrary decisions, and allow a higher court or another lawful authority to review the reasoning. Reasoned judgments also help future cases by explaining how legal principles are understood.
Option A follows from these ideas: a reasoned judgment is transparent and reviewable. It does not make the decision secret or remove the need for law. Nor does giving reasons dissolve Parliament. A court may still make an error, but clearly stated reasons make that error easier to identify and challenge through the proper appeal or review process.
Why should courts examine legal validity rather than merely the government's intention in a case?
Correct answer: A
In judicial review, courts examine whether a government action conforms to the Constitution, the law, and the prescribed procedure. A government may have a public-spirited intention, but that intention cannot make an unconstitutional or illegal action valid. Option B is a close distractor because public interest must also be pursued within legal limits. Exam tip: Link ‘legal validity’ with compliance with the Constitution, law, and procedure.
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