PrepTest 137, Section 1, Question 23

ApplicationDifficulty5 of 5
Passage 4Sovereign power, credible commitments, and constitutional limits
The questionFull text in your LawHub copy of PrepTest 137

Can a sovereign have unlimited legal power?(461 more words not shown)

Which one of the following(12 more words not shown)

Reading the passage

The author's objection is that the constitutional settlement moved the problem instead of solving it. The Crown could borrow on better terms, but unlimited authority still existed in Parliament. To understand the underlying principle, separate an improvement in the problem's effects from removal of its cause.

What we’re looking for

The author treats the surviving source of the difficulty as a reason not to call the problem solved. That's the connection the correct principle needs to express.

Working the answers

  • A

    The practical consequences for Crown borrowing improved, yet the author still objects that sovereign omnipotence remains. The argument therefore isn't simply a demand to judge a solution by practical results instead of theoretical considerations.

  • B
    Correct

    A genuine solution must address the fundamental cause. Moving unlimited power to Parliament leaves that cause in place even though the Crown's immediate financing problem improves. This explains why the author calls it relocation rather than resolution.

  • C

    The author doesn't say the form of government must be completely abandoned. Identifying an unresolved problem isn't the same as prescribing that wholesale remedy.

  • D

    No preference for elected over unelected holders of unlimited power is established. The final criticism concerns the persistence of unlimited authority, not which selection method makes its holder preferable.

  • E

    England's unwritten constitution is mentioned, but the author doesn't make explicit lists of each branch's powers the standard of a genuine solution. Writing down who holds a power wouldn't itself establish that the power had been limited.

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