What does judicial review allow courts to do?

Study for the Law and Policy Test. Use flashcards and multiple choice questions to prepare for topics such as legal principles, governance, and policy analysis. Perfect your understanding with detailed explanations and hints to excel in your exam!

Judicial review is a fundamental principle in the judicial system that empowers courts to examine the actions of the legislative and executive branches to ensure they are consistent with the Constitution. The correct answer involves the courts' authority to review laws and declare those that conflict with constitutional provisions as invalid. This ensures that no law can stand that contradicts the supreme law of the land, thereby protecting individual rights and maintaining the rule of law.

The process of judicial review originated in the landmark case of Marbury v. Madison in 1803, where the Supreme Court established its role in interpreting the Constitution. This capability enables courts to act as a check on the powers of the other branches of government, fostering a balance within the governmental structure.

In contrast, while courts can interpret legislative intent, this is a different process focused on understanding what the lawmakers meant when they enacted a law rather than invalidating laws based on constitutional conflicts. Reviewing executive orders is indeed part of judicial oversight, but it does not encompass the broader function of securing constitutional integrity through the power of judicial review. Enacting new laws is outside the scope of judicial review; that power is reserved for the legislature, as courts lack the authority to create laws. Thus, the correct answer encapsulates the essential role of courts

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