What is judicial review?

Judicial review is fundamentally the power of courts to evaluate the constitutionality of legislative acts and governmental actions, which includes the ability to invalidate laws that are found to conflict with the Constitution. This principle was established in the landmark case of Marbury v. Madison in 1803, which set the precedent that the Supreme Court has the authority to review acts of Congress and the executive branch and to nullify those that are unconstitutional.

This ensures a system of checks and balances within the federal government, allowing the judiciary to act as a guardian of the Constitution. It protects individual rights and maintains the supremacy of the Constitution over contrary legislative measures or executive actions. By contrast, the other options inaccurately describe the scope and limits of judicial authority—courts do not have the power to create laws or enforce all governmental actions, nor do they possess the authority to exclusively review and approve treaties, as that function typically involves the executive and legislative branches.