All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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72.

Natural law is the idea that

A: there are rational objective limits to the power of legislative rulers
B: there are no limits to the power of legislative rulers
C: there are limits to the power of the execution laid by the legislative
D: Law is the command of the sovereign

The answer is: A

Explanation

The correct option is A: there are rational objective limits to the power of legislative rulers.

This is because natural law is the idea that there are certain moral principles that are inherent in human nature and can be discovered by reason, and that these principles should guide the positive law (the laws enacted by human authorities). Natural law theorists believe that human laws that contradict natural law are unjust and invalid, and that people have a right to resist or disobey them. Therefore, natural law imposes limits on the power of legislative rulers, who cannot make laws that violate the natural rights and duties of human beings.

Option B is incorrect because it contradicts the idea of natural law, which asserts that there are limits to the power of legislative rulers. Option B reflects the idea of legal positivism, which holds that law is the command of the sovereign, and that there is no higher law than the positive law.

Option C is incorrect because it confuses the idea of natural law with the idea of separation of powers, which is a constitutional principle that divides the functions of government into three branches: legislative, executive, and judicial. Separation of powers aims to prevent the concentration and abuse of power by any one branch, and to ensure checks and balances among them. Natural law, on the other hand, is a philosophical concept that deals with the moral basis and validity of human laws.

Option D is incorrect because it also contradicts the idea of natural law, which denies that law is the command of the sovereign. Option D reflects the idea of legal positivism, which holds that law is the command of the sovereign, and that there is no higher law than the positive law.