What is judicial review?

Study for the Business Law Test. Use flashcards and multiple choice questions, each equipped with hints and explanations. Prepare for your exam with confidence!

Judicial review refers to the power of the courts to examine the actions of the legislative and executive branches of government and to determine whether those actions are constitutional. This ability allows the judiciary to nullify laws and regulations that it finds to be in conflict with the Constitution. This principle is foundational to the system of checks and balances in government, ensuring that no branch holds absolute power and that the rights of individuals are protected against potential governmental overreach.

The correct answer highlights this fundamental role of the judiciary, which was solidified in the landmark case of Marbury v. Madison in 1803. This ruling established the judiciary's authority to review acts of Congress and determine their validity under the Constitution, thereby reinforcing judicial review as a critical mechanism for maintaining the rule of law.

The other options do not accurately capture the essence of judicial review. One option speaks to the review of evidence in civil cases, which pertains more to trial procedures rather than the constitutional authority of the judiciary. Another option suggests a rehearing of a case, which implies a different process that might occur if a case is appealed, rather than a review of legislative action. Lastly, there is a reference to the review of administrative regulations, which falls under a specific type of judicial review but does not

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy