What does judicial review allow courts to do?

Judicial review is a fundamental principle in the American legal system that empowers courts to assess the compliance of laws and executive actions with the Constitution. This process allows the judiciary to determine whether a law or executive order is constitutional or unconstitutional. If a law is found to be in conflict with the Constitution, the courts have the authority to strike it down, effectively rendering it void.

This concept is vital for maintaining the balance of power among the branches of government and ensuring that neither Congress nor the executive branch can pass laws or take actions that undermine the constitutional framework. Judicial review upholds the rule of law and protects individual rights by providing a mechanism through which citizens can challenge laws that they believe violate their constitutional rights.

By enabling courts to review the constitutionality of laws, judicial review serves as a check on legislative and executive powers, reinforcing the principle of separation of powers. This process is foundational for ensuring that all laws are applied in a manner that aligns with constitutional principles.