What does the term "judicial review" refer to?

• A. The power to execute laws
• B. The ability to assess the constitutionality of laws
• C. The review of all lower court decisions by the President
• D. The process of rewriting legislation

Answer: (B)

The term "judicial review" refers to the ability of the judiciary, particularly the Supreme Court, to assess whether laws, policies, or executive actions conform to the Constitution. This power allows the courts to interpret the Constitution and to invalidate laws or actions that are found to be unconstitutional. The principle of judicial review was established in the landmark case Marbury v. Madison in 1803, which set the precedent for the courts' role in reviewing the legality and constitutionality of legislative and executive actions.

This function is fundamental in maintaining the checks and balances among the branches of government, ensuring that no law or government action can violate the rights and principles embedded in the Constitution. The judiciary acts as a guardian of the Constitution through this power, which ultimately upholds the rule of law in the democratic system.