What is the role of judicial review?

Judicial review is a critical function of the judiciary that enables courts to examine the actions of the legislative and executive branches of government to ensure they comply with the Constitution. When a court conducts judicial review, it assesses whether a particular law or government action aligns with the constitutional framework. If a law or action is found to violate the Constitution, the court has the authority to declare it unconstitutional, effectively nullifying it.

This process is essential for preserving the principles of checks and balances within the government, as it empowers the judiciary to curb potential abuses of power by other branches. The notion of judicial review was established in the landmark Supreme Court case Marbury v. Madison in 1803, setting a precedent for the judiciary's role in maintaining constitutional integrity.

In contrast, the other options do not accurately represent the function of judicial review. While enforcing laws fairly is important for the justice system, it is not the primary role of judicial review. Creating new legislation is a function reserved for the legislative branch, and regulating state governments falls under the purview of federalism and constitutional law rather than judicial review specifically.