Final answer:
The idea of judicial review comes from the case of Marbury vs. Madison in 1803. In this case, the Supreme Court declared for itself the power of judicial review, which allows the courts to overturn laws or actions based on their constitutionality.
Step-by-step explanation:
Judicial review is the power of the courts to overturn laws or other actions of Congress and the Executive Branch based on their constitutionality. The idea of judicial review comes from the case of Marbury vs. Madison in 1803. In this case, the Supreme Court declared for itself the power of judicial review, which allows the courts to overturn laws or actions based on their constitutionality.
This principle allows courts to establish quasi-legislation (legislation created from bench) which often leads to accusations of "judicial activism." The Supreme Court gave itself and lower courts power of judicial review in the case of Marbury vs. Madison in 1803. This landmark case established the Supreme Court's power to declare an act of Congress unconstitutional.