Intro to Paralegal Studies Practice

What is the primary function of judicial review?

1. A court's power to review statutes for constitutionality

2. A court's power to enforce administrative regulations

3. A court's authority to create new laws

4. A court's ability to oversee lower court decisions

The correct answer is: A court's power to review statutes for constitutionality

The primary function of judicial review is a court's power to review statutes for constitutionality. This process allows courts to evaluate laws and actions taken by the legislative and executive branches against the Constitution. If a law is found to violate the Constitution, the court has the authority to declare it null and void. This function serves as a critical check on governmental power, ensuring that all laws comply with constitutional principles and protect individual rights. Through judicial review, the judiciary maintains the supremacy of the Constitution and plays a key role in upholding the rule of law within the legal system. The other functions listed do not correctly capture the essence of judicial review. For instance, enforcing administrative regulations pertains to the responsibilities of administrative agencies rather than judicial review. Creating new laws is a power vested in the legislative branch, while overseeing lower court decisions refers to appellate jurisdiction, which does not encompass the broader authority of evaluating legislative statutes against constitutional standards.