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ACCA Applied Skills · Corporate and Business Law (Global) · Business, political and legal systems

Zelmar is a state whose constitution allows the head of the executive to dismiss any judge who rules against government policy. A foreign investor, Brightco, is deciding whether to rely on local courts to enforce its contracts. Which principle is most clearly undermined by this constitutional power?

The power to dismiss judges who rule against the government undermines the separation of powers and judicial independence. Courts can no longer act as a neutral check on the executive, which weakens the rule of law and makes enforcement of contracts by foreign investors less reliable.

  1. ASeparation of powers and judicial independenceCorrect
  2. BParliamentary sovereignty
  3. CFederalism
  4. DUniversal suffrage

Explanation

Allowing the executive to dismiss judges for adverse rulings removes judicial independence and blurs the separation between executive and judiciary. Parliamentary sovereignty concerns the legislature's supremacy, federalism concerns division between central and regional government, and suffrage concerns voting rights, none of which is the issue here.

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