Question 21
NECO
•
2020
•
GOVERNMENT
•
objective
A newly enacted law permits police to detain a suspect for up to 48 hours without charge. The constitution guarantees personal liberty and the right to a fair trial. Assess whether this law conforms to the principle of the rule of law. Identify two specific rule‑of‑law principles that are breached by the law.
Answer Options
A.
It breaches only the principle of proportionality, as the 48‑hour limit is excessive, but it does not violate the principle of equality before law.
Correct Answer
B.
The law does not conform to the rule of law. It breaches (i) the principle that the law must protect fundamental human rights - personal liberty and fair trial - and (ii) the principle of legality/equality before law, since it permits arbitrary detention without judicial oversight.
C.
The law conforms to the rule of law because it provides a clear time limit for detention, satisfying the principle of legal certainty.
D.
The law is consistent with the rule of law, violating no principle, since it allows detention only with police authority and does not require judicial approval.
Correct Answer
B
Correct Option:
The law does not conform to the rule of law. It breaches (i) the principle that the law must protect fundamental human rights - personal liberty and fair trial - and (ii) the principle of legality/equality before law, since it permits arbitrary detention without judicial oversight.
About This Question
This is
Neco
2020
Government
Question 21.
It is one of the
objective
questions from the
2020
Neco
Government
examination.
Difficulty level:
Medium
.