What is the term for the power of the courts to review laws?

Study for the UCF POS2041 American National Government Midterm 1. Enhance your knowledge with engaging quizzes and detailed explanations. Prepare confidently and succeed in your exam!

Judicial review is the term used to describe the power of the courts to examine the actions of the legislative and executive branches of government and to determine whether those actions are consistent with the Constitution. This authority allows courts to invalidate laws and governmental actions that they find to be unconstitutional, thereby serving as a critical check on governmental power. The concept of judicial review was established in the United States through the landmark Supreme Court case Marbury v. Madison in 1803, which set the precedent for courts to play an active role in ensuring that laws adhere to constitutional principles.

The other terms provided do not accurately define this concept. Judicial authority refers more generally to the powers held by judges and the judicial system but does not specifically encompass the review of laws. Legal oversight is a broader term that may refer to various forms of regulation and examination of legal processes but lacks the specific connotation of reviewing laws for constitutional compliance. Constitutional interpretation pertains to the process of determining the meaning and implications of the Constitution, which can inform judicial review but does not encompass the act of reviewing laws directly. Thus, judicial review specifically captures the power courts have to assess the constitutionality of legislative and executive acts.

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