Which power allows courts to review laws and actions of the executive and legislative branches?

Study for the Judicial Branch Test. Explore essential topics with multiple choice questions and detailed explanations. Perfect your knowledge and get ready for excellence!

Judicial review is the power that enables courts to evaluate the constitutionality of laws and actions taken by the executive and legislative branches. This concept allows the judiciary to ensure that these branches operate within the confines of the Constitution, acting as a check on legislative and executive power. When courts engage in judicial review, they assess whether a law or government action aligns with the Constitution's principles and dictates. This function is fundamental to maintaining the rule of law and protecting individual rights, as it empowers the judiciary to nullify actions that violate constitutional provisions.

Judicial restraint refers to the philosophy where courts should limit their own power, often avoiding the invalidation of laws unless they are clearly unconstitutional. This contrasts with judicial review, which actively involves the judiciary in evaluating legislative and executive actions. Judicial activism, on the other hand, implies that courts take an active role in shaping policy through their rulings, sometimes crossing boundaries set by legislative bodies. Judicial supremacy encompasses the idea that the decisions made by the courts, particularly the Supreme Court, are the final say in legal interpretations; however, without judicial review, this authority wouldn't exist. Thus, while all these concepts relate to the judicial process, judicial review specifically refers to the power to evaluate and overturn laws and actions from other branches

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