Gce Model Questions Vol1 2021 Government Question 14

Practice objective / multiple choice question 14 from the 2021 Gce Model Questions Vol1 Government examination.

Gce Model Questions Vol1 2021 Government Objective / Multiple Choice Medium Difficulty
Question 14 GCE_MODEL_QUESTIONS_VOL1 • 2021 • GOVERNMENT • objective

A constitutional amendment introduces a preliminary‑reference procedure: lower courts must refer any question of constitutional interpretation to the Supreme Court before delivering a judgment, but the Supreme Court may decline a reference if the same question has been decided by it within the previous five years. A lower court now faces a constitutional question that was decided by the Supreme Court four years ago. Must the lower court refer the question? Explain briefly.

Answer Options

Correct Answer A. No; because the Supreme Court may decline a reference within five years, the lower court does not have to refer the question.
B. No; because the Supreme Court may decline a reference only after ten years, so the lower court must still refer the question.
C. Yes; because any constitutional question, even if previously decided within five years, must be referred to ensure consistency.
D. Yes; because the preliminary‑reference procedure requires a referral unless the Supreme Court has expressly waived the question, which it has not done.
Correct Answer
A
Correct Option:
No; because the Supreme Court may decline a reference within five years, the lower court does not have to refer the question.

About This Question

This is Gce Model Questions Vol1 2021 Government Question 14. It is one of the objective questions from the 2021 Gce Model Questions Vol1 Government examination.

Difficulty level: Medium .

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