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Questions and Answers
What is the primary role of the judiciary in a democratic society?
What is the primary role of the judiciary in a democratic society?
- To interpret and apply the law (correct)
- To manage the finances of the state
- To implement laws made by the executive branch
- To draft new legislation
Which statement best describes the concept of judicial review?
Which statement best describes the concept of judicial review?
- The authority to interpret the Constitution and invalidate laws (correct)
- The power to enforce laws enacted by the legislature
- The function of representing the state in legal disputes
- The ability to advise the government on legal matters
Which of the following is NOT a characteristic of an independent judiciary?
Which of the following is NOT a characteristic of an independent judiciary?
- Free from political influence
- Subject to regular assessments by an executive body (correct)
- Accountable to the rule of law
- Protected from arbitrary removal of judges
What is the significance of the principle of equality before the law?
What is the significance of the principle of equality before the law?
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How does the judiciary act as a guardian of the Constitution?
How does the judiciary act as a guardian of the Constitution?
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Study Notes
Primary Role of the Judiciary in a Democratic Society
- Interpret and apply laws impartially, ensuring justice is served.
- Protect individual rights and freedoms against arbitrary actions of government.
- Ensure checks and balances by acting as a counterweight to the legislative and executive branches.
Concept of Judicial Review
- Allows courts to evaluate the constitutionality of legislative and executive acts.
- Serves as a mechanism to invalidate laws or actions that violate constitutional principles.
- Strengthens the rule of law by upholding citizens' rights and maintaining government accountability.
Characteristics of an Independent Judiciary
- Judges should have security of tenure, meaning they cannot be easily removed or influenced by political factors.
- Independence ensures fair trials and impartiality in legal proceedings.
- Judicial decisions must be made based solely on the law, free from external pressures or influence.
Significance of the Principle of Equality Before the Law
- Guarantees that every individual, regardless of status, is subject to the same legal protections and obligations.
- Promotes fairness and justice within the legal system, discouraging discrimination.
- Strengthens public trust in the judiciary and reinforces the social contract of equal treatment under the law.
Judiciary as a Guardian of the Constitution
- Interprets the Constitution and ensures that all laws and governmental actions conform to its principles.
- Acts as a safeguard against abuses of power by the government or legislative bodies.
- Protects fundamental rights by enforcing constitutional provisions and offering remedies for violations.
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