What term describes the power of the courts to review the constitutionality of laws?

Study for the Texas AandM POLS206 American National Government Exam. Use multiple choice questions and flashcards with hints and explanations. Get exam-ready today!

Judicial review is the term that specifically refers to the power of courts to examine the actions of the legislative and executive branches of government and determine whether those actions are in accordance with the Constitution. This principle is rooted in the idea of checks and balances, ensuring that no branch of government exceeds its authority or violates constitutional rights.

The practice of judicial review was established in the landmark Supreme Court case Marbury v. Madison in 1803. This case set the precedent for the judiciary to assert its role in interpreting the Constitution and has since allowed courts to nullify laws and executive actions that are deemed unconstitutional. This authority empowers the judicial branch to act as a guardian of constitutional principles, maintaining the rule of law and protecting individual rights as outlined in the Constitution.

In contrast, legislative review and executive authority do not pertain to the courts' powers in this context, while constitutional review is a term that may be used informally but is not officially recognized in the same way that judicial review is.

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