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Identify from the list, the main defect issue with prerogative remedy procedureQuestion 9Answera.Ambiguityb.Incompatibilityc.Unreliabilityd.Vagueness

Question

Identify from the list, the main defect issue with prerogative remedy procedure

Question 9
Answer
a. Ambiguity
b. Incompatibility
c. Unreliability
d. Vagueness

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Solution

The main defect issue with the prerogative remedy procedure is often identified as "Ambiguity."

Explanation:

Prerogative remedies, such as certiorari, mandamus, and prohibition, are legal tools used primarily to ensure that public authorities act within their legal boundaries and adhere to principles of fairness and justice. The ambiguity within these procedures arises when the standards and grounds for issuing these remedies are not clearly delineated. This can lead to uncertainties in their application and interpretation.

For instance, if the criteria for determining whether a public body has acted unlawfully are vague, it can result in inconsistent outcomes in different cases, making it difficult for parties to predict the likelihood of success when seeking these remedies. Consequently, parties may find themselves navigating a complex legal landscape without clear guidance, which undermines the reliability and effectiveness of the prerogative remedy procedures.

In summary, while all options presented (ambiguity, incompatibility, unreliability, and vagueness) might indicate various issues, ambiguity is particularly significant as it directly impacts the clarity and application of these important legal remedies.

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