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WAEC Government 2013 Objective — Question 24

Question 24 of 50 from the West African Examinations Council (WAEC) Government 2013 Objective paper, with the correct answer and a full explanation.

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When a court of law declares an action of the executive ultra-vires, it implies that

  • A. the action is illegal and above the power givenCorrect
  • B. the executive has the power to implement the action
  • C. such action should be passed into law
  • D. only the legislature can deal with such an action

Explanation

When a court declares an action of the executive ultra-vires, it implies that the action of the executive is illegal and above the powers given. Ultra-vires is an application of the principle of checks and balances. It refers to the power of the court to declare unconstitutional actions of the executive and laws passed by the parliament.

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