What does the term "judicial review" refer to?

Judicial review refers to the power of courts to assess laws and actions taken by the legislative and executive branches against the standards set forth in the Constitution. This principle allows courts to invalidate laws or executive actions that they find are unconstitutional. The concept emerged from landmark cases in the early 19th century, notably Marbury v. Madison, which established the judiciary's role in maintaining the balance of power within the federal government.

Understanding judicial review is crucial, as it serves as a check on legislative and executive powers, ensuring that all branches of government operate within the framework of the Constitution. This function upholds the rule of law and protects individual rights by providing a mechanism to challenge government actions that may infringe upon constitutional protections.