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Question
The Republic owns all shares of a corporation managing government infrastructure investments. Its board negotiates the sale of a controlling interest in a subsidiary to a private consortium. The governing rules require approval by a national executive committee, which reviews and approves the transaction. Before closing, a challenger invokes a constitutional restriction addressed to the State. Assume that the restriction otherwise covers the transaction. The corporation argues that its separate juridical personality, commercial role, and arm's-length negotiations place the sale outside constitutional control. Which is the best response?