Waec Model Questions Vol1 2019 Civic Education Question 27

Practice objective / multiple choice question 27 from the 2019 Waec Model Questions Vol1 Civic Education examination.

Waec Model Questions Vol1 2019 Civic Education Objective / Multiple Choice Medium Difficulty
Question 27 WAEC_MODEL_QUESTIONS_VOL1 • 2019 • CIVIC_EDUCATION • objective

A new law restricts the right to peaceful assembly only during "public emergencies", which it defines as "any situation that threatens national security". A citizen challenges the law, arguing that it infringes the constitutional right to peaceful assembly. Which judicial test should the court apply to assess the validity of the restriction, and is the restriction permissible if a public emergency has been declared but no specific threat has been identified?

Answer Options

A. The court should apply the strict scrutiny test, and the restriction is permissible because a public emergency has been declared.
Correct Answer B. The court should apply the necessity and proportionality test, and the restriction is impermissible because the lack of a specific threat fails the necessity requirement.
C. The court should apply the reasonableness test, and the restriction is impermissible because it is overly broad.
D. The court should apply the necessity and proportionality test, and the restriction is permissible because the declaration of a public emergency satisfies the necessity requirement.
Correct Answer
B
Correct Option:
The court should apply the necessity and proportionality test, and the restriction is impermissible because the lack of a specific threat fails the necessity requirement.

About This Question

This is Waec Model Questions Vol1 2019 Civic Education Question 27. It is one of the objective questions from the 2019 Waec Model Questions Vol1 Civic Education examination.

Difficulty level: Medium .

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