What does judicial review allow the judicial branch to do?

Judicial review is a vital function of the judicial branch, which empowers it to evaluate and determine the constitutionality of actions taken by the legislative and executive branches of government. This principle establishes a system of checks and balances, ensuring that laws and executive actions do not violate the Constitution. By having the authority to declare legislative and executive actions unconstitutional, the judicial branch acts as a guardian of the Constitution, maintaining the rule of law and protecting individual rights against potential abuses.

This process of judicial review originated from landmark cases such as Marbury v. Madison, where the Supreme Court asserted its power to review and invalidate government actions that conflict with constitutional provisions. Thus, through judicial review, the judicial branch serves a critical role in upholding the fundamental principles of democratic governance and the separation of powers.