What is meant by "judicial review"?

Study for the Law and Policy Test. Enhance your understanding of legal frameworks and policies with detailed questions and explanations. Prepare with confidence for your exam!

Judicial review is primarily understood as the ability of courts to invalidate laws that are found to be in violation of the Constitution. This concept empowers the judiciary to interpret the Constitution and assess whether legislative actions fall within the limits of constitutional authority. When a law is challenged, courts can examine its provisions and determine if it contradicts constitutional protections or principles. If it does, the court has the authority to strike it down, ensuring that the supremacy of the Constitution is upheld.

This power is rooted in the principle of checks and balances, which is foundational to the structure of government. Judicial review allows the judiciary to serve as a check on legislative and executive actions, ensuring that no branch of government exceeds its lawful authority. Landmark cases, such as Marbury v. Madison, have firmly established the practice of judicial review in the United States, underscoring its significance in maintaining constitutional governance.

Given this understanding, the other options do not accurately capture the essence of judicial review. While the enforcement of laws, reviewing past court decisions, and assessing judges' effectiveness may encompass important roles of the judiciary, they do not specifically address the core function of judicial review as it relates to the constitutionality of laws.

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