Gce Model Questions Vol1 2018 Government Question 49

Practice objective / multiple choice question 49 from the 2018 Gce Model Questions Vol1 Government examination.

Gce Model Questions Vol1 2018 Government Objective / Multiple Choice Medium Difficulty
Question 49 GCE_MODEL_QUESTIONS_VOL1 • 2018 • GOVERNMENT • objective

A local government council passes a by‑law that imposes a fine of \(\text{₦}10{,}000\) on any resident who fails to obtain a permit before constructing a fence. A resident challenges the by‑law, arguing that it infringes on the constitutional right to property. Under the principle of the rule of law, which of the following is the most appropriate legal test to determine the validity of the by‑law? Explain the reasoning in two sentences.

Answer Options

Correct Answer A. The proportionality (reasonableness) test - the by‑law must be a lawful, necessary and proportionate restriction on the right to property.
B. The rational basis test - the by‑law must be reasonable and related to a legitimate government purpose.
C. The strict scrutiny test - the by‑law must be narrowly tailored to achieve a compelling governmental interest.
D. The legitimate expectation test - the by‑law must align with historically recognized property rights.
Correct Answer
A
Correct Option:
The proportionality (reasonableness) test - the by‑law must be a lawful, necessary and proportionate restriction on the right to property.

About This Question

This is Gce Model Questions Vol1 2018 Government Question 49. It is one of the objective questions from the 2018 Gce Model Questions Vol1 Government examination.

Difficulty level: Medium .

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