PrepTest 137, Section 1, Question 26

ApplicationDifficulty4 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)

Suppose the Parliament in England(20 more words not shown)

Reading the passage

Apply the final paragraph's claim about Parliament: it now holds the sovereign power and cannot bind itself against a later legal change. A promise of permanent membership would still be a commitment made by an authority that retains the power to undo it.

What we’re looking for

Calling a commitment permanent doesn't supply the legal limit that's missing. Predict that Parliament could later end it, without assuming that it necessarily would or predicting how lenders would react.

Working the answers

  • A

    No effect of joining a multinational body on credit terms is established. The general problem of binding sovereign power doesn't show that making this particular commitment would worsen Parliament's borrowing position.

  • B

    We likewise lack a reason that this membership promise would increase lenders' confidence about debt repayment. The promised membership isn't a demonstrated restriction on Parliament's authority.

  • C
    Correct

    Parliament retains legal authority to end the commitment. The final paragraph says it lacks power to bind itself; a promise of permanent membership therefore cannot, within this account, remove its later authority to withdraw.

  • D

    The preferences of commercial interests about this multinational body are unknown. We can't infer disapproval simply because Parliament represents those interests.

  • E

    The account already treats Parliament as holding unlimited sovereign legal authority. Nothing indicates that making the membership commitment grants it additional legal power. The relevant issue is its inability to make the commitment irrevocable.

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