What term describes the ability of courts to interpret laws and apply them to cases?

The ability of courts to interpret laws and apply them to specific cases is known as judicial review. This term emphasizes the power of the judiciary to examine the actions of the legislative and executive branches of government to determine whether they are in accordance with the constitution or existing laws. Judicial review is a fundamental aspect of the checks and balances system within the government, allowing courts to ensure that laws are applied fairly and justly while upholding constitutional rights.

The concept emerges prominently from landmark cases such as Marbury v. Madison, which established the precedent for courts to overrule legislative acts deemed unconstitutional. Judicial review empowers the judiciary to protect individual rights and maintain order by ensuring that all branches of government adhere to the rule of law. This principle is essential for the functioning of a democratic society, as it fosters accountability and transparency in government actions.

In contrast, the other terms relate to different aspects or philosophies regarding the role of the judiciary in interpreting laws. Judicial activism refers to the approach where courts may take an active role in shaping policy through broad interpretations of the law. Judicial restraint suggests that courts should defer to the decisions made by the legislative and executive branches and avoid making bold interpretations of the law. Judicial oversight involves monitoring and evaluating the actions of governmental entities but does not