What does "judicial review" empower the courts to do?

Prepare for the Judicial Branch Test. Study with flashcards and multiple choice questions, each designed with hints and explanations. Gear up for success on your exam!

Judicial review is a crucial concept that empowers courts to interpret laws and assess their alignment with the Constitution. This power allows judges to examine legislative and executive actions to determine if they violate constitutional principles. When a court finds that a law or action is unconstitutional, it can invalidate that law, ensuring that all legislation adheres to the overarching framework of rights and responsibilities established by the Constitution.

This process plays a vital role in maintaining the rule of law and protecting individual rights, as it serves as a check on the power of the other branches of government. Judicial review ensures that laws passed by the legislature or actions taken by the executive do not infringe upon constitutional guarantees.

The other choices present roles that are not part of the judicial review process. Courts do not create legislation; that is the function of the legislative branch. While courts can enforce laws in a broader sense, they do so within the context of interpreting the laws and ensuring they are applied constitutionally. Lastly, representing defendants in trials is the role of attorneys rather than the court itself. Thus, the focus of judicial review specifically on interpreting laws and assessing their constitutionality underlines why "to interpret laws and determine their constitutionality" is the accurate description of this judicial function.

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