What is judicial review?

• A. The authority to review laws
• B. The power of the courts to declare actions unconstitutional
• C. The ability to hear appeals
• D. The process of reviewing court decisions

Answer: (B)

Judicial review refers specifically to the power of the courts to examine and determine the constitutionality of legislative and executive actions. This authority enables courts to invalidate laws and actions that are found to conflict with the Constitution. The establishment of judicial review as a critical function of the judiciary was solidified in the landmark case Marbury v. Madison (1803), where the U.S. Supreme Court asserted its role in ensuring that the government adheres to constitutional principles.

While other options touch on different aspects of the judicial system, they do not capture the essence of judicial review itself. For instance, the authority to review laws and the ability to hear appeals relate to the broader functions of courts but do not specifically denote the power to declare actions unconstitutional. Similarly, the process of reviewing court decisions pertains to appellate review or case law analysis rather than to the foundational principle of checking the constitutionality of governmental actions, which is the core of judicial review.