Question

What would be an example of a check on the legislative branch by the judicial branch?

A) Judicial politicking
B) Judicial sovereignty
C) Judicial review
D) Judicial activism

Answer 1

Judicial review is a check on the legislative branch by the judicial branch, wherein the courts have the power to overturn laws based on their interpretation of the Constitution. The term 'judicial activism' is sometimes used to describe this action, particularly if the person using the term disagrees with the court's decision.

Step-by-step explanation:

An example of a check on the legislative branch by the judicial branch is C) Judicial review. This is the power of the courts to overturn laws or other actions of Congress and the Executive Branch based on their constitutionality. It was established through the landmark case of Marbury v. Madison in 1803.

Critics sometimes accuse the courts of judicial activism when they overturn laws, suggesting that judges are overstepping their bounds and engaging in policy-making. This term, however, is often used subjectively, based on whether one agrees with the court's decisions.