Difficulty: Medium

Average Score: 67%

"The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body."

Which principle is reflected in the passage?

Rationale

Judicial review is reflected in the passage.

The passage discusses the role of courts in interpreting the constitution and determining the meaning of legislative acts, which embodies the principle of judicial review. This principle allows courts to evaluate the constitutionality of laws and acts, ensuring that they align with the fundamental law of the constitution.

A (judicial activism) YOUR ANSWER

Judicial activism refers to the practice where courts take an active role in shaping policy and may interpret laws broadly to promote social change. The passage does not suggest that judges should actively create or impose policies; rather, it emphasizes their role in interpreting existing laws and the constitution.

B (judicial restraint) YOUR ANSWER

Judicial restraint is the principle that judges should limit their own power by avoiding the overturning of laws unless they are clearly unconstitutional. The passage does not advocate for this limited approach; instead, it highlights the judges' duty to ascertain the meaning of laws, which implies an active role in interpretation rather than restraint.

C (judicial review) CORRECT

Judicial review is the doctrine under which legislative and executive actions are subjected to review by the judiciary. The passage explicitly states that courts have the responsibility to interpret the constitution and ascertain the meaning of legislative acts, which is the essence of judicial review.

D (judicial supremacy) YOUR ANSWER

Judicial supremacy is the idea that the judiciary has the final say in interpreting the constitution and its laws. While the passage hints at the judiciary's significant role, it does not explicitly state that the judiciary is the supreme authority, making this principle less applicable than judicial review.

Conclusion

The passage clearly illustrates the principle of judicial review, emphasizing the courts' role in interpreting both the constitution and legislative acts. This interpretation is fundamental to ensuring that laws comply with constitutional standards, distinguishing judicial review from related concepts like judicial activism, restraint, and supremacy.