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NABTEB Government 2024 Theory — Question 4

Question 4 of 10 from the National Business and Technical Examinations Board (NABTEB) Government 2024 Theory paper, with the correct answer and a full explanation.

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4. (a) Highlight three ways in which the judicial arm of government sustains democracy. (b) Examine three ways by which the executive arm of government can be put to check in a democracy.

Model answer

(a) Three ways the judiciary sustains democracy: i. Protects civil liberties and human rights: The judiciary ensures that the rights and freedoms of individuals are protected by interpreting and enforcing laws that safeguard these liberties. ii. Resolves electoral disputes: The judiciary plays a crucial role in resolving conflicts that arise from elections, ensuring that the electoral process is fair and transparent, and that the results reflect the true will of the people. iii. Checks on abuse of power: The judiciary acts as a check on the executive and legislative branches, preventing any misuse or overreach of power, and upholding the separation of powers. (b) Three ways the executive arm can be checked in a democracy: i. Legislative oversight: Legislative oversight involves the monitoring and evaluation of the executive branch's actions by the legislature to ensure compliance with the law and adherence to the principles of good governance. ii. Judicial review: Judicial review is the power of the judiciary to examine the actions of the executive and legislative branches and declare them unconstitutional if they violate the constitution. iii. Impeachment process: The impeachment process is a formal procedure by which the legislature can remove a sitting president or other high officials from office for misconduct, abuse of power, or other serious crimes. (Also acceptable: vote of no confidence, media and public scrutiny, opposition parties, independent media, budget approval, constitutional limits.)

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