What does the term "judicial review" mean?

Judicial review is a foundational principle in the legal system that grants courts the authority to interpret the constitutionality of legislative and executive actions. This concept is critical because it ensures that no law or government action can supersede the Constitution, which is the supreme law of the land. Through judicial review, the judiciary serves as a check on the powers of the legislative and executive branches, maintaining the balance of power within government.

The power of judicial review was famously established in the landmark Supreme Court case Marbury v. Madison (1803) and has since played a crucial role in shaping American law and protecting individual rights. By assessing whether laws and actions align with constitutional provisions, courts uphold the rule of law and safeguard civil liberties.

In contrast, other options mention processes related to lawmaking and court decisions but do not capture the essence of judicial review. The process by which laws are enacted refers to the legislative process, while the ability of courts to interpret laws focuses more on courts' general function rather than their role in evaluating constitutionality. Likewise, the review of judicial decisions by higher courts pertains to appellate processes, which also fall outside the definition of judicial review as concerned with constitutional interpretation.