What is Judicial Review?

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Judicial review refers specifically to the ability of courts to declare laws unconstitutional, affirming their power to evaluate the alignment of legislation with constitutional principles. This process serves as a critical check on legislative and executive actions, ensuring that all laws adhere to the constitution's framework.

The significance of judicial review lies in its role as a guardian of the Constitution, allowing courts to invalidate laws that contradict constitutional mandates—upholding the rule of law and protecting individual rights. This function underpins the balance of power within the government and is central to maintaining democratic governance.

In contrast, while the authority of courts to interpret laws is closely related to judicial review, it does not encompass the full scope of declaring laws unconstitutional. Enacting new legislation pertains to legislative processes, which is separate from the interpretive functions of the judiciary. Moreover, the power of the executive branch over judicial decisions does not accurately represent the independent function of the judiciary in conducting judicial review.