What does the term 'judicial review' refer to?

The term 'judicial review' specifically refers to the ability of the courts to declare laws unconstitutional. This principle allows the judiciary to interpret the Constitution and assess whether legislative or executive actions conform to constitutional standards. Judicial review serves as a critical check on the powers of the legislative and executive branches, ensuring that all laws align with the fundamental rights and principles enshrined within the Constitution.

This concept was established in the landmark Supreme Court case Marbury v. Madison in 1803, which set the precedent for the judiciary to review and invalidate laws that violate constitutional provisions. Through judicial review, courts can protect individual rights and maintain the rule of law, thereby playing a vital role in the balance of power within government.