Which principle gives the judiciary the ability to review laws and executive actions?

Study for the UGA US/GA Constitution Exam with comprehensive flashcards and targeted multiple-choice questions. Each question includes helpful hints and detailed explanations to enhance learning. Prepare effectively for your test and ensure success!

Judicial review is the principle that empowers the judiciary to examine the constitutionality of laws and executive actions. This means that courts have the authority to determine whether a law or action aligns with the Constitution. If a law is found to be in violation of constitutional principles, the judiciary has the power to nullify it, ensuring that legislative and executive powers do not exceed their bounds or infringe upon individual rights.

The concept of judicial review was established in the landmark case Marbury v. Madison (1803), which set the precedent for the judicial branch's role in interpreting the law and maintaining the rule of law. This mechanism is crucial for upholding the checks on each branch of government, creating a balance of power that prevents any one branch from becoming too powerful.

Other options describe related concepts but do not directly pertain to the judiciary's ability to review laws. The separation of powers refers to the division of government responsibilities into distinct branches, preventing any one branch from holding too much authority. Checks and balances involve mechanisms that ensure each branch has powers that can check the others, promoting accountability and preventing abuse of power. Federalism refers to the division of powers between national and state governments, which is a vital aspect of governance but does not specifically address the judiciary

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