Question

A constitutional right can be ________ recognized and established by a sovereign State or union of States.

• A. a prerogative or a duty or a restraint of power
• B. a prerogative or a duty, a power or a restraint of power
• C. a prerogative or a duty, a power but not a restraint of power
• D. a power but not a prerogative or a duty

Hint:

List the four things a constitution can do: grant a privilege, impose a duty, confer a power, or restrain power.

Answer 1

The Correct Option is B

This is a conceptual question on the nature of constitutional rights and how broadly they can be defined.

1. a prerogative or a duty or a restraint of power: this narrows the definition by leaving out power as a distinct form, missing the case where a right confers a power on the State or its citizens.
2. a prerogative or a duty, a power or a restraint of power: correct. A constitutional right, as generally defined, can take the form of a prerogative, a duty, a power, or a restraint of power, since constitutions grant privileges, impose duties, confer powers, and also limit power, all under the umbrella of constitutional rights.
3. a prerogative or a duty, a power but not a restraint of power: this wrongly excludes restraint of power from the definition, but limiting government power is itself a core constitutional right.
4. a power but not a prerogative or a duty: this is too narrow, reducing the definition to only one of the several forms a constitutional right can take.

The correct option is B, since a constitutional right can be a prerogative, a duty, a power, or a restraint of power.