What term is used to describe the power of the courts to declare laws or executive actions unconstitutional?

The term that describes the power of the courts to declare laws or executive actions unconstitutional is judicial review. This concept is rooted in the principle of checks and balances within the U.S. government, ensuring that no law or action can violate the Constitution, which is the supreme law of the land.

Judicial review allows the judiciary to assess whether legislative or executive actions align with constitutional provisions. This practice was solidified in the landmark case Marbury v. Madison in 1803, where the Supreme Court established its authority to review acts of Congress and determine their constitutionality. By exercising judicial review, the courts maintain the rule of law and protect individual rights against unlawful government actions.

The other terms mentioned represent different concepts. Judicial authority generally refers to the overall power and responsibility of the judiciary but does not specifically address the ability to declare laws unconstitutional. Judicial discretion involves the flexibility judges have to make choices within the framework of the law while making decisions but does not pertain to constitutional review. Judicial enforcement refers to the implementation and execution of court orders and judgments, rather than the assessment of constitutionality. Thus, judicial review is the precise term that captures the courts' ability to enforce constitutional adherence.