What does 'judicial review' refer to?

Prepare for the HSC Legal Studies Exam. Study with flashcards and multiple choice questions, each question includes explanations and hints. Elevate your readiness for the exam!

Judicial review refers to the authority of the judiciary to review governmental actions, especially legislation and executive orders, for their constitutionality. This principle is essential in maintaining the rule of law and ensuring that all branches of government act within their designated powers. It allows courts to invalidate actions that violate constitutional provisions, thus serving as a check on legislative and executive powers.

In this context, the power of judicial review is pivotal for protecting individual rights and upholding democratic principles. By reviewing laws and actions against the Constitution, courts ensure that no law or government action can override the fundamental rights guaranteed to individuals.

The other options represent concepts that are distinct from judicial review. Interpreting and applying statutes is part of the courts' functions, but it does not encapsulate the essence of judicial review. The power to create laws lies with the legislative branch, not the judiciary. Finally, the process of appealing a judicial decision involves higher courts reviewing lower court decisions but does not pertain to assessing the constitutionality of government actions.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy