Question 12
NECO
•
2022
•
CIVIC_EDUCATION
•
objective
In Nation Y the Constitution guarantees freedom of religion. A national statute, Act 200, requires every school to teach a specific religious curriculum. A state government subsequently passes a by‑law permitting schools to opt out if they follow a different religion.
A parent files suit alleging that the statute and the by‑law violate the constitutional right.
(i) Identify the hierarchy of legal norms that determines which provision prevails.
(ii) State the likely ruling of the court on the validity of Act 200 and the state by‑law.
(iii) If the Supreme Court adopts the doctrine of "constitutional supremacy with limited derogation", would the state by‑law be valid? Explain briefly.
Answer Options
A.
(i) Constitution > State By‑law > National Statute. (ii) The court will declare Act 200 unconstitutional and also strike down the state by‑law because both conflict with the Constitution. (iii) Yes - the by‑law would be valid under limited derogation because it allows states to modify religious instruction.
Correct Answer
B.
(i) Constitution > National Statute > State By‑law. (ii) The court will declare Act 200 unconstitutional and also strike down the state by‑law because both conflict with the Constitution. (iii) No - the by‑law is still invalid, as limited derogation does not permit infringement of the constitutional freedom of religion.
C.
(i) Constitution > State By‑law > National Statute. (ii) The court will declare the state by‑law unconstitutional but uphold Act 200 as permissible under the Constitution. (iii) Yes - the by‑law is valid because limited derogation permits any state regulation of religion.
D.
(i) Constitution > National Statute > State By‑law. (ii) The court will uphold both Act 200 and the state by‑law as they are consistent with the Constitution's freedom of religion. (iii) No - the by‑law is invalid only because the doctrine of limited derogation requires federal approval.
Correct Answer
B
Correct Option:
(i) Constitution > National Statute > State By‑law. (ii) The court will declare Act 200 unconstitutional and also strike down the state by‑law because both conflict with the Constitution. (iii) No - the by‑law is still invalid, as limited derogation does not permit infringement of the constitutional freedom of religion.
About This Question
This is
Neco
2022
Civic Education
Question 12.
It is one of the
objective
questions from the
2022
Neco
Civic Education
examination.
Difficulty level:
Medium
.