Final answer:
Judicial review is the power of the courts to overturn laws or other actions based on their constitutionality. It was established by the Supreme Court in the case of Marbury vs. Madison and allows courts to create quasi-legislation.
Step-by-step explanation:
Judicial review constitutes the authority of courts to invalidate laws or actions undertaken by Congress and the Executive Branch based on their adherence to constitutional principles. This pivotal principle enables the judiciary to effectively create quasi-legislation through decisions, often leading to allegations of "judicial activism." Notably, the Constitution remains silent on the matter of judicial review, leaving it to the courts to delineate their own authority. The landmark case of Marbury v. Madison marked a seminal moment, wherein the Supreme Court asserted its power of judicial review, extending this authority to lower courts.
Despite the potential influence of judicial review, its application is relatively infrequent. The Supreme Court, in its over 200-year history, has invalidated approximately 170 national laws, constituting less than 0.25 percent of all enacted legislation. Similarly, around 1400 state laws have faced judicial scrutiny. This restrained use of judicial review underscores its selective application, emphasizing the judiciary's cautious approach to overturning legislative or executive actions. While a powerful tool for upholding constitutional principles, the judiciary's judicious use of this authority reflects a delicate balance in preserving the separation of powers and avoiding undue interference in the legislative process.