Gce Model Questions Vol1 2017 Government Question 12

Practice objective / multiple choice question 12 from the 2017 Gce Model Questions Vol1 Government examination.

Gce Model Questions Vol1 2017 Government Objective / Multiple Choice Medium Difficulty
Question 12 GCE_MODEL_QUESTIONS_VOL1 • 2017 • GOVERNMENT • objective

A parliament passes a law imposing a mandatory minimum sentence of five years for any conviction of theft. The constitution guarantees the right to a fair trial and that punishments must be proportionate to the offence. According to the principles of the rule of law, which constitutional principle is most likely to lead a court to declare this law invalid? Briefly justify your answer in one sentence.

Answer Options

A. The principle of non‑discrimination; it mandates equal treatment under the law, which does not specifically concern proportionality of punishments.
Correct Answer B. The principle of proportionality; it requires punishments to be commensurate with the offence, making the mandatory five‑year minimum potentially excessive.
C. The principle of legality; it requires that laws be clear and not retroactive, which does not directly address sentencing severity.
D. The principle of judicial independence; it ensures courts can interpret laws without interference, which is not the basis for invalidating the statute.
Correct Answer
B
Correct Option:
The principle of proportionality; it requires punishments to be commensurate with the offence, making the mandatory five‑year minimum potentially excessive.

About This Question

This is Gce Model Questions Vol1 2017 Government Question 12. It is one of the objective questions from the 2017 Gce Model Questions Vol1 Government examination.

Difficulty level: Medium .

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