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Question 112 of 378

Constitutional disputes in states with written constitutions are resolved by

  • A. ombudsman
  • B. judiciary
  • C. electorate
  • D. legislature

Correct Answer: B

Explanation
Correct Option: B. Judiciary Detailed Explanation:
  1. Understanding Constitutional Disputes:
  2. Constitutional disputes arise when there are disagreements about the interpretation or application of a constitution. This can involve issues such as the powers of different branches of government, the rights of individuals, or the legality of laws and actions taken by the government.
  3. Role of the Judiciary:
  4. The judiciary, or the court system, is the branch of government responsible for interpreting laws and ensuring justice. In the context of constitutional disputes, the judiciary has the authority to review laws and government actions to determine whether they comply with the constitution.
  5. Courts have the power to strike down laws or actions that are found to be unconstitutional, thereby resolving disputes and upholding the rule of law.
  6. Judicial Review:
  7. A key concept here is "judicial review," which is the process by which courts examine the actions of the legislative and executive branches to ensure they do not violate the constitution. This principle is a cornerstone of many democratic systems and is essential for maintaining checks and balances among the branches of government.
  8. Importance of the Judiciary:
  9. The judiciary serves as a neutral arbiter in disputes, providing a structured and formal process for resolving conflicts. This is crucial in maintaining stability and protecting the rights of individuals against potential overreach by the government.
Why the Other Options Are Incorrect:
  • A. Ombudsman:
  • An ombudsman is an official appointed to investigate complaints against maladministration, typically within government agencies. While they can address issues of fairness and administrative justice, they do not have the authority to resolve constitutional disputes or interpret the constitution. Their role is more about oversight and accountability rather than legal interpretation.
  • C. Electorate:
  • The electorate refers to the body of people entitled to vote in elections. While the electorate can influence constitutional matters through referendums or by electing representatives, they do not have the direct power to resolve constitutional disputes. Such disputes require legal interpretation and adjudication, which is beyond the scope of the electorate's role.
  • D. Legislature:
  • The legislature is responsible for making laws. While they can amend the constitution or pass new laws, they do not have the authority to interpret the constitution or resolve disputes regarding its application. If a law passed by the legislature is challenged as unconstitutional, it is the judiciary that will ultimately decide the matter.
Revision Summary:
  • Constitutional disputes are resolved by the judiciary, which interprets laws and ensures compliance with the constitution.
  • Judicial review allows courts to assess the constitutionality of laws and government actions.
  • The ombudsman, electorate, and legislature do not have the authority to resolve constitutional disputes.
  • The judiciary plays a crucial role in maintaining checks and balances within government and protecting individual rights.
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